Updated on February 11, 2025 12:43:18 PM
When the divorce in question occurs in cases of unregistered marriages, it can be a fairly complicated process simply because the marriage itself is not legally documented. Like unregistered marriages, such marriages often occur because someone is unaware of registration requirements, as a result of cultural or religious practices. Involved in such marriage, however, such marriages are also still recognized in some frameworks of legal as the individuals are entitled to seek a lawful separation.
This article gives an insight into the divorce process for non registered marriages, types of divorce, the legal processes involved and the necessary documents. Litem Legalis is here for those who are struggling to navigate this process, providing expert legal assistance so you don’t need to worry about taking care of your rights & interests at every turn.
Unregistered Marriage is a type of marriage that is not officially recorded by the legal authority. This type of marriage can happen for several reasons such as the couples are not very much aware of the marriage registration or might be their religion is not allowing them to go for it.
Unregistered marriages are not recognized by the government in some countries. They have no legal rights or protections, and their marriage is invalid. In other countries, unregistered marriages are still considered valid, but the couple may not have the same legal rights and protections as registered couples.
There are two kinds of divorces that can occur between a couple who wish to end their marriage, whether it is recorded or not. These are as follows:
The common steps involved in the process to take divorce in unregistered marriage are mentioned below:
Getting a Divorce in India could be a complex and lengthy procedure therefore, the spouses must consult and seek a lawyer’s help before proceeding.
Seeking a lawyer’s help provides you with the information you need to make wise decisions about the legal repercussions of divorce, such as property distribution, alimony, child custody, and support. “Litem Legalis” can serve as the best choice as a legal attorney for your divorce proceeding with years of experience in this field.
At the initial stage of dissolution of a marriage, they both have to file a petition for divorce in Court. The spouse who files a petition for the divorce is referred to as the “Petitioner” and the other spouse is known as “Respondent”.
The Petitioner has to submit appropriate documents and mention the grounds of divorce. This ground could be anything such as cruelty, adultery, domestic violence and many more. The petitioner also outlines the conditions they need, including things like child custody, property partition, and alimony. This petition serves as the starting point for the whole divorce process.
Just after filing the petition for Divorce in India, the court proceeds with the statement recording from both parties (husband & wife) especially in mutual divorce. All these statements are in written form and provide a thorough explanation/information about the grounds of Divorce.
If it is a Mutual Divorce, both parties confirm their agreement to end the marriage. This statement aids in verifying the accuracy of the assertions made in the petition. The court also records the witness record to make a fair decision.
When the statement has been recorded, a wide range of evidence also be submitted in front of the court that supports the claim made in the petition. This step basically comes in a Contested divorce according to the grounds of divorce.
The Evidence could be anything such as photographs, any documents that prove the claim, messages, emails, bank statements and many more. Medical reports also be important evidence in case of physical harm.
After your statements and evidence have been submitted, the court starts hearing. It then outlines the evidence, claims, and arguments by both parties. The court grants them a six month waiting period if the grounds for divorce are acceptable to the court. This is an opportunity for reconciliation between spouses in order no objections to the divorce can be called forth upon.
If no reconciliation happens, and both spouses still insist on the decision made, the court would enters the final decree after the waiting period. This decree is the court’s legal end to the marriage and dissolves it accordingly, terminating the marital bond.
The complete list of the required documents for filing divorce for the unregistered marriage are mentioned below:
Litem Legalis specialises in divorce processes, and we were founded with a mission to assist people during one of life's most difficult transitions. Our team of experienced lawyers utilises compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce.
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Divorce procedures for unregistered marriage is little more difficult and time-consuming than those for registered marriages. Due to the fact that unregistered weddings do not have the same legal standing as registered marriages, this is the case. It's crucial to keep in mind that everyone in an unhappy marriage has the legal right to obtain a divorce, whether the union is legally recognized or not. An experienced attorney should be consulted if you're thinking about getting a divorce but your union isn't legally recognized. Your rights will be safeguarded and a lawyer can help you understand the divorce process.
Unregistered Marriage is a type of marriage that is not officially recorded by the legal authority.
A divorce is a legal procedure that ends a marriage through a legal petition.
There are several grounds for Divorce in India such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.
The Special Marriage Act establishes secular marriages for Indian citizens under the Indian Parliament. Divorce grounds are also outlined in the Act.
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