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Mutual Separation/Divorce


03-Sep-2023 (In Divorce Law)
Me and my Partner has been lived in together since 2003. In 2010 our relationship has been informally declared as Man and Wife in presence of my partner's Parents. Our marriage has not been registered and we do not have any off-springs. To pursue my aspiration and without any difference we have been living separately from April 2012. This year we mutually agreed to get formally separated with a legal bearing. Given our existing situation. Do we need to file for divorce? if yes, What is the proofs required to show that we are living separately and what if we cannot produce proofs?
Answers (3)

Answer #1
938 votes
There are no proofs required for mutual consent divorce. Neither the marriage needs to be a registered marriage. It can be done easily. Have a consultation for details.
Answer #2
570 votes

Hi,



 Firstly you were in relationship as man and wife but no marriage has taken place either registered or as per other law so question of filing divorce doesnot arise at all. as for filing divorce petition we require marriage certificate, marriage card, other documents showing each others name is column as spouse which i think you don't have so on what basis your divorce petition shall be entertained.

Answer #3
512 votes
If you are wedded husband and wife as per Hindu law or otherwise also you both can file divorce petition with mutual consent. But if you were having live in relationship then you can not file divorce petition. You need not to produce any documentary evidence to that effect your affidavit is quite enough.
Advocate Sagar Kothari

Adv. Sagar Kothari

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