Documents for Mutual Divorce

 For a mutual divorce in Delhi, India, key documents and steps are required to facilitate the process.

Here’s a list of commonly required documents:

Marriage Certificate/ Marriage Card: Proof of marriage, typically issued by the Registrar’s Office, is mandatory for filing for divorce.

Address Proof of Both Parties: This can be a passport, Aadhaar card, Voter ID, utility bills, or other government-issued IDs.

Passport-Size Photographs of Both Parties: Photographs are required from both parties before filling out the joint petition.

Marriage Photograph: Marriage photographs are required to prove that you are husband and wife, and it is required.

Income Proof (if required): This includes salary slips, bank statements, or Income Tax returns, which may be used to assess financial status for alimony or child support decisions.

Evidence of Separate Living: Any evidence that can show the couple has been living separately for at least one year, such as rent agreements or affidavits.

Jointly Signed Mutual Divorce Petition: It is mandatory to have a mutual divorce petition signed by both parties. It usually includes:

Details of marriage (date, place, etc.)

Reasons for seeking a divorce

Statements of consent for divorce

Terms of settlement (for child custody, alimony, and property division, if applicable)

Settlement Agreement (if applicable): A document detailing terms related to alimony, child custody, and division of assets. Both parties must mutually agree and sign this document.

Affidavits from Both Parties: Declarations regarding the divorce, terms of settlement, and consent to separate.

Steps in the Process of Mutual Divorce

File the Joint Petition: Both parties must file a mutual consent divorce petition under Section 13B of the Hindu Marriage Act or the relevant act applicable to other religions.

First Motion: Both parties appear before the court to confirm their mutual consent.

Cooling-Off Period: The court grants a six-month cooling-off period, after which the second motion can be filed. In certain cases, this period can be waived.

Second Motion: After the cooling-off period, both parties again confirm their decision to divorce.

Final Decree: The court reviews all documents and issues the final decree, formally dissolving the marriage.

Would you need help drafting the mutual consent petition or preparing a settlement agreement?

You may contact us- 07617 414 414

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can just consult a legal expert.

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