Step wise procedure for NRI’s to file for a mutual consent divorce :

  • Place for filing the Divorce

    Now, either of the place of which the husband or the wife has Aadhaar card which has now become the most important document for all proofs which is a must have ID proof for Divorce in India.

    The place can also be the last resided place of the couple together only if you can produce the required documents like electricity bills, rent contract, payment receipts or telephone bills that prove that you have lived in the city where you are applying for divorce.

  • Terms and Conditions

    Another important thing to keep in mind is to clearly sort out everything related to custody of children (if any), house, property, money, pension, EMI’s, jewelry etc. Further, once the place is decided, everything else will be easy. You must remember that in Mutual Consent Divorce both the husband and the wife are the Petitioners.

  • Hiring the right lawyer

    Generally, Mutual Divorce cases are not very complicated but since the parties are NRIs, you really can’t afford to take chances due to limitation of time. Therefore, the hired lawyer will file the mutual divorce case as per the convenience of the NRI couple and initiate the first motion of Mutual Consent Divorce.

  • Fee

    Do not worry about the fee since you don’t have to spend a lot for just 2 court visits and moreover, the 6 month cooling off period that can now be condoned with the discretion of the District Judge.

  • Time Period

    There is a 6 months statutory period which can now be condoned if you’ve been married for long and the separation has been for more than 18 months (1 year mandatory period plus 6 months extension). All you need to do is to give the required documents to the lawyer in the first visit and review the rough draft of Mutual Divorce Petition on email and request the desired changes if any.

  • Procedure

    There are two court appearances in a mutual divorce proceeding. A joint petition signed by both parties is filed in the respective family court. The divorce petition contains a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. This statement also has the agreement to split the assets, custody of children, etc.

    In the first motion, statement of both parties are recorded and then signed on paper before the Hon'ble Court. After this, a 6 month period is given for reconciliation, (the Hon'ble court gives a chance to the couple to change their mind)

    After 6 months of the first motion or by the end of the reconciliation period, if both parties still don't agree to come together, then the parties may appear for the second motion for the final hearing.

    In a recent judgement, the Supreme Court has categorically stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court.

    If the second motion is not made within the period of 18 months, then the court will not pass the divorce decree. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree.

The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent. In the final steps, a Divorce decree will be granted as the Hon'ble Court may deem fit.

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Documents required in NRI Divorce

  • Address proof of husband and wife

  • Marriage certificate

  • 4 passport size photographs of the marriage of the couple

  • Evidence proving spouses have been living separately for more than 1 year

  • Evidence relating to the failed attempts of reconciliation

  • Income tax statements of the couple for the last 3 years

  • Details of profession and present remuneration of the couple

  • Information relating to family background of the couple

  • Details of properties and other assets owned by the couple

Why LawInsta ?

  • Free telephonic advice and counselling

  • Optional video conference and free telephonic advice from the lawyer

  • Divorce petition drafting

  • 1st appearance filing of Divorce petition

  • 2nd appearance filing of Divorce petition

  • All Mutual Consent Divorce related documentation

  • Obtaining Divorce Decree from the court

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