How to get a legal divorce in mutual consent cases?
I have a notarized divorce agreement with no claims from both parties. What is the legal standing of this document? Also, if there is no legal standing of the document, what is the way forward.
Asked 4 years ago in Family Law from Delhi, Delhi
no legal standing of notorosed agreement,for mutual divorce a petition has to filed by both of you and divorce proceedings are completed in 7-8 months if you are residing seperately for the last one year
Advocate, New Delhi
it has no value in eyes of law . for divorce to be valid it has to be pronounced by court of law . you have to file petition for divorce by mutual consent in family court in delhi wherein marriage was performed or wherein parties are residing after marriage .
1.The divorce agreement has no force at all.
2. Without a decree of divorce no dissolution of marriage can happen.
If both of you agree then you can file mutual petition for divorce in the local court of law.
Notarised divorce agreement has no legal validity. Only court can pronounce divorce and for that to happen file mutual petition for divorce in a local court.
Does the notarized agreement form a part of a judicial order granting divorce? If no, it is a nullity and has no value in the eyes of law. Only a court of law is empowered to terminate the marriage by passing a judgment. If both the spouses are into a positive agreement to end their marriage then a case for joint divorce on the basis of mutual consent needs to be filed in the court.
as suggested you have file petition for divorce through mutual consent in family court. for help you may with your details
Advocate, Greater Noida
1. Your said notarised divorce agreement does not have more legal value than a scrap paper,
2. File a mutual consent divorce petition before the Court and get the proper decree of divorce.
Notorised agreement could be made with regard to terms of mutual consent divorce but no divorce is valid if made on an agreement. Divorce to be valid have to be passed by a decree of divorce from court.For clarification you may call on phone.
Advocate, New Delhi