Paperwork
Documents Required for Mutual Divorce in India (Checklist)
By Divorce Setu Editorial Team · Updated · 5 min read
Quick answer
For a mutual divorce you generally need marriage proof such as a marriage certificate, identity and address proofs of both spouses, proof of living separately for one year, a signed settlement agreement, income documents, and children's birth certificates if any. NRIs may need extra papers. Requirements vary by court, so your lawyer will confirm the exact list.
Missing or mismatched paperwork is one of the most common reasons a mutual divorce petition gets delayed. Court requirements can vary slightly between cities, but the documents below are what most family courts ask for. Your lawyer will confirm the exact list for your court.
Documents about the marriage
- Marriage certificate. A registered marriage certificate is the strongest proof. If your marriage is not registered, ask your lawyer how to prove it.
- Wedding photographs and invitation card. Usually two or three photographs and the invitation card, especially if there is no registration.
- Proof of date and place of marriage, if not shown on the certificate.
Identity and address proofs (both spouses)
- Aadhaar card, PAN card, passport or voter ID.
- Current address proof, such as a utility bill, rent agreement or bank statement.
- Proof of separation for one year, for example separate address proofs, rental agreements or bills showing you live apart.
- Passport-size photographs of both spouses.
Settlement and financial documents
- Signed settlement agreement (MOU) covering alimony, custody, visitation, stridhan and property.
- Income proof: recent salary slips, income tax returns and bank statements. Courts often ask for a disclosure of income and assets.
- Property papers if any property is being transferred or divided.
- Proof of any payment already made under the settlement, if applicable.
Documents about children (if any)
- Birth certificates of the children.
- Custody and visitation terms in the settlement.
- School details, if the settlement addresses education costs.
Extra documents for NRIs and spouses abroad
- Passport and visa or residence permit copies.
- Power of attorney, if the spouse abroad cannot appear. Documents signed abroad may need notarisation or attestation.
- Proof of last residence in India, since it can affect the court's jurisdiction.
If one of you lives overseas, read our guide on online mutual divorce for NRIs.
Tips to avoid delays
- Make sure names and addresses match across all documents.
- Keep several photocopies and the originals ready for verification.
- Get affidavits on the correct stamp paper for your state, as your lawyer advises.
- Do not sign anything you have not read. Ask for the final petition before signing.
Not sure what you have? Start your mutual divorce and a lawyer will tell you exactly what to arrange. You can also read the full mutual divorce process.
Frequently asked questions
- Is a marriage certificate mandatory for mutual divorce?
- It is the strongest proof of marriage and courts commonly ask for it. If your marriage is unregistered, other evidence such as photographs and the invitation card may be used. Your lawyer will advise.
- Do we need to show proof that we lived separately for a year?
- The petition states that you have lived separately for one year. Supporting proof such as separate addresses or rental papers can help, and the court may ask about it.
- Do both spouses need to submit documents?
- Yes. Both spouses provide identity and address proof and sign the petition and affidavits.