• Engagement after divorce

Hi sir 

My partner is going to sign consentum and divorce by mutual consemt on the 12th of october ... both parties have agreed on settlement amd everythin including th MoU will also be signed on the same date .. is there any time frame she has to wait to get engaged and also has to have to wait until they get decree of divorce to get engaged
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

This is my response to you:

1. Before 2016 the laws did not permit a person to remarry before 6 months;

2. But recently the BHC allowed to remarry after 90 days: https://www.hindustantimes.com/mumbai-news/hindus-can-remarry-90-days-after-divorce-bombay-hc/story-8Lyg5ZRKSNdRFFOqVoIiOJ.html

3. So your spouse can only remarry after a waiting period of 90 days from the date of divorce decree;

4. Consult a local lawyer.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

it is perfectly legal to get engaged before your divorce is final. A marriage engagement is an oral promise to marry someone. A marriage engagement does not require a license, nor does it generate the same rights and responsibilities that a marriage does. Legally, you must be divorced before you can remarry.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The parties can get engaged or enter into matrimonial tie immediately after the divorce is decreed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

in MCD proceedings there is a 1st motion and a 2nd motion. the 1st motion wherein the court registers the case and calls the parties after 6 months. in the 2nd motion, if the parties are still willing to go ahead, the court grants a decree which is final. after that, a person may get married the next day and there is no waiting period after that.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Hello,

1) As engagement is not marriage it can be done legally upon the parties having initiated steps for obtaining divorce legally through a court of law.

2) The parties can enter into another marriage only after the divorce has been ordered by the court.

S J Mathew
Advocate, Mumbai
3387 Answers
175 Consultations

5.0 on 5.0

1) after divorce you can get engaged

2) bit you should not marry till period of 3 months have elapsed from divorce decree

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

there is no law stopping you from getting engaged after divorce decree has been passed

2)if you get engaged before divorce decree and spouse files appeal against divorce decree you would not be able to marry

3) further your fiancee would sue you on grounds that you suppressed facts about your pending divorce case

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

You should not get engaged until and unless your partner gets valid decree of divorce from family court.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

No Law stop you from getting engaged before getting divorce but these things are unpredictable and if the other side also withdraw their consent for mutual divorce, it is going to take years for a contested divorce to be disposed off.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

This is in further response to you:

1. Yes an engagement will not be a major problem because divorce decree finalises legal separation of partners;

2. If the court is aware of the spouse's remarriage plans then, take leave of the court (permission) for engagement now and marriage after completion of period of 90 days;

3. Once the divorce decree is finalised then the ex-wife is allowed to choose her own ways to live;

4. Still if there are other problems relating to the case, wherein the spouse's boyfriend is the reason for divorce and the court has taken cognizance of it or a criminal law was also set in motion, then it is advisable to let the 90 days duration expire and then go ahead with marriage related rituals.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes. you can get engaged, right after a decree of divorce has been issued by Court.

There is no waiting time as per law after getting a decree of divorce, unlike Muslims.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

Legally there is nothing wrong in a person getting engaged before getting divorced.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

hello

well, this is a very delicate question. the engagement ceremony is a part of the marriage ceremony. it is nothing but a confirmation by both the sides that marriage will happen. in my opinion, the engagement ceremony should not be done until the decree of divorce is obtained from the court. the other side may not come in the 2nd motion, it may try to put pressure in order to enhance the compensation which many a time happens. if you still want to go ahead, don't publicize the same.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Once you are granted mutual divorce by the court you can remarry even the very next day, not before that.

Getting engaged is different thing than marriage. Can engage with as many you can.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

There is nothing wrong in a person getting engaged before getting divorced.

Only a second marriage while there already a marriage subsists, is considered to be Null and void and bigamy etc.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Unless and until the marriage is dissolved no one can get into marital relationship . So each of them will have to wait till the decree of divorce is passed.

2. Before the decree of divorce even on the basis of MOU and MCD no engagement for marriage can be done.

3. So wait till decree of divorce is passed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) If you go for mutual consent divorce that will be get done almost within 1-2 months period. After that you both can perform engagement.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can get engaged but for marriage you need to wait for 90 days from date of decree of divorce though it is mutual consent it's better to wait for statutory appeal period and marry thereafter. There is no restrictions to get engaged once the mutual consent paper is signed and presented

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If mutual consent there is no requirement to wait after the court gives a judgement and decree on mutual.consent divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No after pronouncement of order you can get engaged no body no law will stop you for same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can get engaged on completion of second motion and the divorce order is passed no requirement of decree in hand.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is advisable not to get engaged as if news gets out and the other party comes to know, he may withdraw the consent from MCD. Once the Divorce is passed, you are free to get engaged. It is better to wait till then.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

My partner is going to sign consentum and divorce by mutual consemt on the 12th of october ... both parties have agreed on settlement amd everythin including th MoU will also be signed on the same date .. is there any time frame she has to wait to get engaged and also has to have to wait until they get decree of divorce to get engaged

Wedding engagement is not a marriage hence there is no legal infirmity in getting engaged provided the would be groom is consenting to this arrangement.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

So just to summarise ... no law stops us from getting engaged before we get the decree of divorce ..

There is no legal infirmity or impediment for getting engaged before the subsisting marriage is dissolved, but the marriage may be solemnised after getting the decree of divorce dissolving the marriage.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

The only clarity i wanted was can we get engaged after the papers have been signed and before we have the decree of divorce in hand .. we dont plan to get married for a year but wanted to get engaged after they both sign the divorce papers

Since you have already waited for such a long time why dont you wait for few more days to solemnise the engagement function, no doubt there is no impediment in doing that since it cannot be considered as wedding in any legal sense.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. After the passing of mutual consent decree of divorce the parties should ideally wait for 90 days which is the limitation period under Hindu Marriage Act to challenge the decree of divorce. Although the decree of mutual consent divorce cannot be assailed except on the ground of fraud but the limitation period remains 90 days.

2. She should not even get engaged unless the decree has been passed. Unless the decree is passed she continues to remain married. A married person cannot be engaged with another. If her husband comes to know of this then he can file a criminal complaint for bigamy against her and also you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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