Family › Divorce or separation
We both agree to divorce
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- Do you both agree on the divorce and its terms (money, children, belongings)? Yes, on everything
Where you stand
- In your favour Agreeing on everything allows mutual-consent divorce — usually the fastest and cheapest route.
Papers to gather
- ID and address proof for both of you
Residence affects which court can hear the case. Where: Your records. - Any written settlement or draft terms
Mutual-consent petitions record the agreed terms. Where: Your records. - Relevant messages and emails between you (complete threads)
May show agreements, demands or conduct. Where: Your own phone and email.
You may also need, depending on your answers
- Marriage certificate — Basic proof of the marriage.
- Other proof of the marriage (wedding photos, invitation card, ceremony receipts, joint documents) — Used when there is no certificate.
- Proof of the date you started living apart (rent agreement, letters, messages) — Separation periods can matter.
- Children's birth certificates, school and medical records — Needed for custody and support.
- Records of who takes care of the children day to day — Courts focus on the child's welfare.
- Your own income proof (salary slips, ITR, bank statements) — Maintenance considers both sides. Courts often require an affidavit of income and assets.
- Lawfully held records of your spouse's income or assets — Supports a maintenance claim.
- List of monthly expenses with bills (rent, school, medical, household) — Maintenance is based on reasonable needs.
- List of stridhan, jewellery and gifts, with photos or bills — Supports a claim to return them.
- Property papers for jointly owned property and loan records — Needed to divide or protect property.
What the law says
Grounds and procedure depend on the personal law or the Special Marriage Act that applies, and on where you live.
General information, not legal advice.
Saboot will also ask
- First: are you safe right now?
- Which best describes your situation?
- How was the marriage performed or registered?
- Do you have a marriage certificate?
- Do you have children together?
Similar situations
- My spouse filed for divorce and I got a notice
- Want divorce but spouse refuses
- Spouse left years ago and doesn’t come back
- Muslim divorce — talaq or khula
- Christian divorce
- Inter-religion marriage under Special Marriage Act — divorce
- Living separately and want a legal separation
- Married less than a year and want out

Open Saboot