You cannot remarry now
2) wait for period of 3 months as your spouse can file appeal against said order within period of 3 months
Hi, I got divorce with mutual consent in front of judge few days back and today I collected order copy. My lawyer said divorce decree will take about 10days. He says divorce order copy and decree are almost the same and order copy is important. Can I remarry now? Should I wait until I receive divorce decree? What’s the importance of divorce decree? Please advise. Thanks
You cannot remarry now
2) wait for period of 3 months as your spouse can file appeal against said order within period of 3 months
Since the court has passed the orders dissolving the marriage on the grounds of mutual consent and you have received the order copy, you can very well proceed with the proposed remarriage.
You can collect the decree copy at a later date too.
The decree would contain the details of the case and the judgment elaborately, but the orders passing dissolution of marriage by a decree of divorce is a substantial proof for divorce, hence you can proceed with your proposal.
Since this divorce is by mutual consent, it cannot be appealed against hence there is no need to wait for any time limit for going ahead with the proposed remarriage.
Dear Client,
For registration of marriage you will need a decree copy. But otherwise you can get married since it is a divorce by mutual consent.
1. In respect of Mutual Consent Divorce, the appeal period of 60 days has no meaning in the sense, that Divorce obtained through mutual consent is only after settling all the issues mutually and amicably.
2. It's advised for you to marry after obtaining the divorce decree to be sure of the decision.
Please go by what your lawyer says and wait till you receive a certified copy of the decree from court. Though you are free to remarry now, there is no need to rush.
Nothing can stop from marrying again once order copy is collect, the same is sufficient proof of divorce. Divorce decree only gives details of facts.
- As per law, the decree is given in a suit, which determines the substantive legal rights of the concerned parties, whereas an order is given in the course of proceedings, and determines the procedural legal rights of the parties concerned.
- Since, the divorce order on the ground of mutual consent already passed , hence now both the parties are aliens for one another , and also free for getting re-marry.
- Further, if order has already passed , then the decree will also passed accordingly , and the court cannot do any changing through the decree sheet .
- Further, the waiting period of 90 days is not applied in your case, and it is also not appealable due to being filed the petition mutually, hence you can proceed for marry as per you wish.
Good luck
1. Ordinarily Order and Decree is mentioned together.
2. If it has been mentioned in the Order that your marriage has been annulled then you can remarry.