Divorce Procedure if Marriage is Unregistered

Updated on August 29, 2024 04:29:12 PM

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.

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What is an Unregistered Marriage?

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.

Types of Divorce for Unregistered Marriages

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:

  1. Mutual Divorce:- Mutual Divorce or Divorce by Mutual Consent is when both partners want separation through a mutual concern. It is a joint decision of both and takes less time to complete the procedure. Mutual divorce simplifies the process of divorce and the other issues such as child custody, alimony and property distribution.
  2. Contested Divorce:- A Contested Divorce is a type of divorce in which one or both of the parties disagree with the other's petition for a mutual divorce or if there is a disagreement between them regarding alimony, property, or a child. In those circumstances, individuals must ask the court for assistance with their marital separation. A disputed divorce might take anywhere between one year and six years to complete.

Divorce Procedure for Unregistered Marriage

The common steps are given below for getting a Divorce whether it is registered or unregistered

Step 1: Seek Lawyers Help

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.

Step 2: Filing Petition

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.

Step 3: Recording of Statement

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.

Step 4: Evidence

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.

Step 5: Final Decree

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.

Required Documents for the Unregistered Marriage’s Divorce

The Complete list of required documents for the unregistered Marriage’s Divorce is mentioned below:

  • Marriage Proof evidence (e.g. - Marriage Certificate, photos, wedding cards, etc.)
  • Address Proof (ex-Aadhar card, PAN card, Voter ID, etc.)
  • Income statement (if required)
  • Passport size photos
  • Evidence supporting the grounds of divorce
  • Details of Children (if have)
  • MoU or Settlement deed (in case of mutual divorce)

Why Litem Legalis?

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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Conclusion

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.

Frequently Asked Questions (FAQs)

What is Unregistered Marriage?

Unregistered Marriage is a type of marriage that is not officially recorded by the legal authority.

What is Divorce?

A divorce is a legal procedure that ends a marriage through a legal petition.

What are the reasons for the Divorce?

There are several grounds for Divorce in India such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.

What is the Special Marriage Act?

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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