Updated on August 29, 2024 10:59:12 AM
Marriage is a sacred bond between two individuals, but it does not always have to be the same. Most of the time, the maternal relationship breaks down and divorce is the best option for both spouses. However, divorce is a legal and complex procedure especially when the marriage is unregistered.
An unregistered Marriage is valid as a registered marriage in India. However, this marriage does not have the same legal status as registered marriages. Therefore, the divorce procedure of unregistered marriages could be slightly different. This article will provide a comprehensive knowledge of Unregistered marriages, their divorce procedure and documentation.
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.
If any couple goes for divorce and wants to dissolve their marriage whether it is a registered or unregistered marriage, there are two types. these are as follows:
The common steps are given below for getting a Divorce whether it is registered or unregistered
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 the stage of statements and evidence submission, the court starts the hearing procedure. At this stage, the court examines all the evidence and claims mentioned in the statement or petition and conducts a hearing for argument. After hearing the arguments from both parties and if the court is convinced of the grounds of divorce, they grant a six-month waiting period. This is not the final termination of the marriage, but rather an indication that the court sees no reason to prevent the divorce from proceeding.
After the waiting period, if no negotiation between both spouses and they are ready to end the relationship, the court accepts their divorce. This is the final Decree of the court where they legally dissolute the bond of the marriage.
The Complete list of required documents for the unregistered Marriage’s Divorce is 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 marriages are a 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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