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Can Divorce be granted through notary ?


04-Jan-2023 (In Divorce Law)
Hi, My wife wants to be separated. As of now she is living at her father's home since 5 months. Now they want divorce but not in court but on a written matter on stamp paper with Notary.which will be signed by both. Is this OK? What should be written matter on stamp? Your expert suggestions are required, Please help me. I am in dilemma & want to come out of this situation.
Answers (6)

Answer #1
721 votes
Actually the divorce before notify is having no value in the eyes of law. It would be mutual understanding between you and your wife that further in future you both will not intiat any Court proceeding against each other. Rather it is better to file petition of mutual divorce after completing 1 years of separation.

So many others pros and cons are there which is not possible for me to describe here in writing. Fill free to contact me if you are in need of any further information in this regard.
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Answer #2
631 votes
sir,

you need to file a proper application of procedure to get divorced before the concerned court. but as per law there should be at least one year of separation between husband and wife for filing an application of divorce by mutual consent.

Answer #3
786 votes
Divorce cannot be made through Notary paper, it is good for self satisfaction but it is not a Legal divorce and your second marriage will be illegal if done in future. So mutual petition is required to be filed in court wherein you both have to present before court, total period required is 6 months as 6 months is cooling period.
Answer #4
608 votes
Marriage can be perform as per your rites and rituals. But divorce can only obtain through court. If any body misguide you through any other mode it is illegal. You cannot get divorce except in court of law.
Answer #5
639 votes
Hi
There is no such provision in law which permits such divorces therefore it will be illegal if you do it.

Only family/civil court has powers to grant divorce.
It is advisable that you follow court procedure to get divorced
Answer #6
96 votes
No. No. A notary cannot decide any legal disputes. Divorce cases can only be heard and decided by the District Judges' Court or the Justice of the High Courts.
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