Required Documents for Mutual Divorce

When both spouses don’t want the maternal bond and dissolve the marriage through the court procedure, known as Mutual Divorce. Both parties to the marriage must agree to the divorce in this case. As both parties declare their intentions for separation, the process is less stressful. It is a peaceful approach to dissolve a marriage.

The commonly required documents for both kinds of divorce in India are given below:

1. Marriage Certificate : A Certificate copy of the marriage certificate is required that proves the legitimacy of the marriage.


2. Proof of Residency : A document that certifies your residency is known as proof of residency. Proof that you and your spouse have been living separately for at least a year is necessary in India for a mutual divorce. These proofs could be any such as an Aadhar card, Passport, Voter ID, Bank Statement or any rent agreement.


3. Financial Documents : Financial statements, including income, expenses, assets, and liabilities, are often required from each spouse. This guarantees financial matters are transparent.


4. MoU (Memorandum of Understanding) : A formal agreement between two or more parties is outlined in a memorandum of understanding (MoU). Although it doesn't have legal force, it expresses the intention to proceed on a positive note.


5. Separation Agreement : The separation agreement is the main legal document in a Mutual divorce. It specifies the conditions reached for the division of assets, alimony, child custody, exploring advantages, and child support. This contract must be signed by both partners.