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Mutual Divorce  |  Documentation  |  Section 13B

Documents Required for
Mutual Divorce in India

Before your joint petition can be filed in the Family Court, a set of documents needs to be in order. These cover proof of your marriage, proof of identity, proof of your current addresses, and the settlement terms you have agreed on. The list is not long, but the documents need to be correct — errors or mismatches at this stage cause avoidable delays later.

This page covers every document you will need, what alternatives exist when originals are unavailable, how city-specific courts handle certain requirements differently, and what happens during our document review before your petition is filed.

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Why This Matters

Why Documents Matter More in Mutual Divorce Than People Expect

Mutual divorce is a consent-based proceeding. The court does not investigate the history of your marriage or evaluate who was at fault. What it does scrutinise carefully is whether the facts stated in the joint petition are supported by the documents placed before it — the date of marriage, the identities of both parties, where they lived, and what they have agreed on.

A mismatch between what the petition states and what the documents show — a name spelled differently across documents, an address that does not match any submitted proof, or a marriage date that differs between the certificate and the affidavit — can result in the court raising objections that delay the First Motion hearing. These are not complicated problems, but they need to be caught before filing, not after.

This is why our documentation stage exists as a separate step before any filing happens. Both spouses submit their documents, our team reviews them against the petition draft, identifies discrepancies, and confirms everything is consistent before the advocate approaches the court.

What the Court Checks in Your Documents
Marriage date — must match across certificate, affidavit, and petition exactly
Identity of both parties — name on petition must match name on ID documents
Separation period — addresses and affidavits must be consistent with what the petition states
Settlement terms — the agreement must be complete and signed by both parties
Jurisdiction basis — address proof must support the choice of Family Court
Existing orders — any prior court orders relating to the marriage must be disclosed
The Complete List

Documents Required for Mutual Divorce

These are the documents required across all Indian Family Courts for a mutual divorce petition under Section 13B of the Hindu Marriage Act. Equivalent documents apply for petitions under the Special Marriage Act.

1. Marriage Proof

Marriage Certificate

The most important document in the set. This is the certificate issued by the marriage registrar under the Hindu Marriage Act or Special Marriage Act, or in the case of religious marriages, a certificate issued by the relevant religious authority and subsequently registered.

You need either the original certificate or a certified copy obtained from the registrar's office. If your marriage was not registered, courts typically accept alternative proof — discussed in the section below.

Wedding Photographs

Not always mandatory but frequently asked for by courts alongside the marriage certificate, particularly in cases where the marriage was not formally registered.

A clear set of photographs from the wedding showing both spouses together is standard practice. Include several photographs — the more documentation of the ceremony, the stronger the proof of marriage.

2. Identity Proof — Both Spouses

Each spouse needs to submit valid government-issued identity proof. Any one of the following is accepted. The name on the identity document must match the name used in the petition — if names differ across documents, an affidavit of name change is required alongside the submission.

  • Aadhaar card
  • Passport — particularly relevant for NRI spouses, serves as primary identity document
  • Voter ID card
  • PAN card
  • Driving licence

3. Address Proof — Both Spouses

Address proof establishes current residence and supports the jurisdictional basis for filing in a particular Family Court. The address proof should reflect the current residence, not the last shared address — a common area of confusion for couples who have moved after separating.

  • Aadhaar card (if it carries a current address)
  • Passport with current address page
  • Utility bills — electricity, water, gas — not older than three months
  • Bank statement with current address, not older than three months
  • Rental agreement if living in rented accommodation
  • Voter ID card reflecting current address

4. Passport-Size Photographs

Passport-size photographs of both spouses are required for the court file. Typically two to four photographs per spouse are needed. These should be recent — within the last six months — and should clearly match the appearance of the person as they will appear in court on the hearing date.

5. Proof of Separation

There is no single document called a "separation certificate" in India. What courts look for is evidence that the spouses have been living separately for the period stated in the petition. For couples applying for the cooling-off waiver on the basis of 18+ months of separation, this documentation carries additional weight.

Documents that serve as separation proof include address proofs for both spouses showing different addresses, rental agreements for separate residences, utility bills in individual names at different addresses, bank statements reflecting different correspondence addresses, employment records showing different residential addresses, and affidavits from both spouses confirming the date and fact of separation.

6. Settlement Agreement

The settlement agreement captures what both spouses have agreed on — alimony, return of streedhan and personal belongings, division or transfer of jointly held property, child custody and visitation arrangements if children are involved, and any other financial terms being settled as part of the divorce.

This is drafted during our documentation stage and reviewed by both spouses before it is finalised. It forms part of the joint petition and is placed before the court. At the Second Motion hearing, the court confirms that both parties stand by the terms stated in this agreement before incorporating it into the divorce decree. A vague or disputed settlement agreement can delay or derail the petition entirely.

7. Affidavits — Both Spouses

Both spouses are required to file affidavits confirming the facts stated in the petition — the date of marriage, the period of separation, that they are not cohabiting, and that they have filed the petition with free and voluntary consent. These are sworn statements forming part of the formal court record.

Affidavits need to be executed on stamp paper of the value specified by the relevant state's court rules, and notarised or sworn before a magistrate or notary public. Service locations: Delhi, Gurugram, Noida, Bangalore and Australia.

8. Conditional Documents (where applicable)

Children-Related Documents

Where the couple has minor children, additional documentation may be required depending on custody and visitation arrangements:

  • Birth certificates of the children
  • School records showing current enrollment and address
  • Any existing interim custody or guardianship court orders

The court takes custody arrangements seriously and will not simply confirm whatever the parents have agreed to — the arrangement must appear to be in the child's best interests.

Existing Court Orders

If there are any existing orders from a court relating to your marriage, these must be disclosed in the petition and copies submitted:

  • Interim maintenance order under Section 125 CrPC
  • Domestic violence protection order
  • Interim custody or guardianship order
  • Any other family court order in force

Concealing existing orders is a serious issue that can affect the validity of the proceedings. Disclosure is mandatory.

When Documents Are Unavailable

What If You Don't Have the Original Documents?

Most document gaps are manageable. Here is how the most common situations are handled, and what the correct alternative approach is in each case.

Common Situation

No Marriage Certificate — Unregistered Marriage

Marriages without formal registration remain common in India. The absence of a registered certificate is not a barrier to filing for divorce.

How It Is Handled

Courts accept a combination of wedding photographs, invitation cards, affidavits from both spouses confirming the marriage, and witness affidavits from family members or attendees. In some jurisdictions a joint affidavit alongside photographs is sufficient. Our team assembles the correct alternative proof set for your specific court.

Common Situation

Lost or Damaged Marriage Certificate

A certificate that was issued but has since been lost, damaged, or misplaced needs to be replaced before filing.

How It Is Handled

A duplicate or certified copy can be obtained from the Sub-Registrar's office where the marriage was originally registered. Service locations: Delhi, Gurugram, Noida, Bangalore and Australia. Our team guides you on how to apply for a duplicate if needed.

Common Situation

Address Proof Does Not Reflect Current City

Aadhaar or voter ID still shows a previous address from a city the person no longer lives in — a common situation for clients who have relocated for work after separation.

How It Is Handled

A recent utility bill, rental agreement, or bank statement at the current address is accepted by Family Courts even if Aadhaar has not been updated. Do not delay filing just because Aadhaar reflects an old address. Submit the current-address document alongside it — our team handles the presentation to the court.

Common Situation

Name Appears Differently Across Documents

Middle name included in some documents and not others, a surname change after marriage not reflected everywhere, or spelling variations across different IDs.

How It Is Handled

A sworn affidavit clarifying the name variations and confirming that all documents refer to the same person is the standard remedy. This is a straightforward document but needs to be prepared correctly with the right stamp paper value and appropriate notarisation for your court.

City-Specific Notes

Do Document Requirements Vary by City?

The core list of documents is governed by the Hindu Marriage Act and the Civil Procedure Code — both central legislation. Petition format, affidavit requirements, marriage proof, identity proof, and address proof — all consistent.

What does vary by state is the stamp paper value required for affidavits, certain procedural preferences of individual courts around how documents are presented and indexed, and whether the court requires notarised or magistrate-attested affidavits. These are administrative variations rather than substantive requirement differences. Our empanelled advocates in each city are familiar with local court practices.

For clients in Delhi, the Family Courts in Saket, Dwarka, Rohini, and Karkardooma each have their own administrative practices while following the same legal requirements. Service locations: Delhi, Gurugram, Noida, Bangalore and Australia.

Delhi

Saket, Dwarka, Rohini, Karkardooma — each with local administrative preferences

Mutual divorce information

Bandra Family Court — highest mutual divorce volume in India, established procedures

Bangalore
Mutual divorce information
Mutual divorce information

Nampally Family Court — Telangana stamp paper values differ from Andhra Pradesh

Mutual divorce information

Local advocates familiar with court-specific document presentation practices

Before Filing Begins

How We Review Your Documents Before Filing

Once both spouses have submitted their details and paid Stage 2, our team conducts a structured review of all documents. This review covers four things — and it runs before any petition is drafted or filed.

Completeness Check

We confirm every required document is present and nothing is missing from the core list. Missing documents are identified early and we advise on how to obtain or substitute them before the filing date is approached.

Consistency Check

We cross-reference names, dates, addresses, and marriage details across all submitted documents and against the facts that will be stated in the petition. Any discrepancy — however minor — is flagged and resolved before drafting begins.

Jurisdiction Confirmation

Based on the addresses and marriage details, we confirm which Family Court has jurisdiction. This determines where the petition is filed and which advocate from our panel handles the matter.

Settlement Review

The settlement agreement is reviewed to ensure it is complete, unambiguous, and that both parties understand and agree to every term. Vague clauses or undefined timelines are revised at this stage, not left for the court to query.

The value of this review: Problems caught at the document review stage take a day or two to resolve. The same problems surfacing after filing take weeks — and can result in the First Motion hearing being adjourned, adding months to the overall timeline. The documentation stage is not an administrative exercise. It is where the case is built.

Additional Requirements for NRI Couples

Documents for NRI Couples

Passport as Primary Identity

For an NRI spouse, the passport is the standard identity document accepted by Indian courts. A copy of the photo page, address page, and visa or residence permit page is typically submitted along with the petition.

Overseas Address Proof

An NRI spouse's overseas address proof can take the form of a utility bill, bank statement, or official correspondence at the overseas address. This is submitted alongside the Indian address proof of the India-resident spouse.

Power of Attorney (Where Applicable)

Where a court approves representation through a POA holder, the document must be properly executed — notarised in the country where the NRI spouse is based and attested by the Indian consulate or High Commission in that country. The specific format depends on the court and jurisdiction.

For NRI couples, the documentation stage typically takes a little longer than for domestic couples because some documents need to be sourced or attested from abroad. Factor this into your overall timeline. For guidance specific to NRI divorce cases, visit our NRI Divorce page.

Common Questions

Frequently Asked Questions About Mutual Divorce Documents

Is it mandatory to have a registered marriage certificate for mutual divorce?

No. Courts in India accept alternative proof of marriage where a registered certificate is unavailable — typically a combination of wedding photographs, invitation cards, joint affidavits from both spouses, and witness affidavits. An unregistered marriage is still a valid marriage under Indian law, and Family Courts are experienced in dealing with these cases.

Both of us live in different cities now. Which Family Court do we file in?

Jurisdiction under Section 19 of the Hindu Marriage Act is determined by where the couple last resided together, where the wife currently resides, or where the marriage was solemnised. In most cases involving separated couples in different cities, the wife's current city of residence is the most straightforward basis for jurisdiction. Our team confirms the appropriate court during the document review stage.

My Aadhaar still shows my old address from before I moved. Is that a problem?

It does not have to be. A recent utility bill, bank statement, or rental agreement at your current address is accepted as address proof by Family Courts even if your Aadhaar has not been updated. Do not delay filing just because Aadhaar reflects an old address. Submit the current-address document alongside it and our team handles the rest.

We have minor children. What custody documents need to be in order?

The settlement agreement needs to clearly state which parent has primary custody, the visitation schedule for the other parent, how major decisions about the child's education and health will be made, and the financial support arrangement. Vague terms like "reasonable visitation" are not sufficient and need to be made specific before filing.

We have jointly owned property. What documents do we need for that?

The property does not need to be transferred before filing. The settlement agreement needs a clear statement of what will happen — who gets it, whether it will be sold and proceeds divided, or whether one spouse buys out the other. Supporting property documents should be referenced in the settlement. The actual transfer happens as a post-decree step per the agreed timeline.

Do the affidavits need to be notarised or can we self-attest them?

Affidavits for Family Court proceedings need to be sworn before a Notary Public or a Magistrate. Self-attestation is not sufficient. The stamp paper value required varies by state — our team specifies the exact requirement for your court so you do not end up with affidavits executed on the wrong value, which is a common cause of objections at the filing stage.

Can we submit scanned copies or do they need to be originals?

At the filing stage, the advocate typically submits self-attested photocopies along with the petition, with originals available for inspection if the court asks. The court does not permanently retain your original marriage certificate or identity documents. Original documents should be kept accessible throughout the process.

We separated informally years ago but have no paperwork showing separate residences. How do we prove separation?

A combination of address proofs at different addresses, affidavits from both spouses confirming the date from which they have been living separately, and where available any correspondence reflecting separate residences is the standard approach. Courts understand that informal separation does not always generate formal paperwork. Consistency between both spouses' statements and the address proofs is what matters.

Not Sure If Your Documents Are in Order?

Not Sure If Your Documents Are in Order?

Submit the online form and pay Rs.999 to start. Our team contacts both spouses, and the formal document review happens at Stage 2. We identify what is in order, what is missing, and what alternatives exist before a single document goes to court. The total cost for the complete process — from document review to certified decree — is Rs.40,000 across four stages. See the full breakdown on our mutual divorce fees page.

Submit Mutual Divorce Form Mutual Divorce Guide

This page covers document requirements for mutual divorce under Section 13B of the Hindu Marriage Act, 1955. Couples filing under the Special Marriage Act, 1954 follow equivalent requirements under Section 28 of that Act. Specific court administrative requirements vary by state and by individual Family Court. Our team confirms all requirements based on your specific court and circumstances during the documentation stage.

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