Trusted by NRIs in 30+ Countries

NRI Mutual Divorce in India: Eligibility, Applicable Law and What to Expect

A practical legal reference for Non-Resident Indians considering mutual consent divorce. This page covers who qualifies, which Indian marriage law applies to your case, how jurisdiction is decided, and what the process typically costs. For the exact step-by-step filing sequence, see our complete process guide.

No Mandatory India Travel
All Major Marriage Laws Covered
Fixed ₹80,000 Fee
Check My Case Eligibility 100% Confidential
USA Canada United Kingdom Australia UAE / GCC Singapore Germany Saudi Arabia

Eligibility

Do You Qualify for NRI Mutual Consent Divorce?

Four conditions generally need to be met before a mutual consent petition can be filed.

Marriage under Indian law

The marriage must have been solemnised under an Indian personal or civil law, such as the Hindu Marriage Act, Special Marriage Act, Indian Christian Marriage Act, or applicable Muslim personal law.

At least one year of separation

Under Section 13B, the couple must have been living separately for a minimum of one year before filing. This means not living as husband and wife, even if under the same roof in some cases.

Genuine mutual agreement

Both spouses must voluntarily agree that the marriage has broken down and consent to the divorce, without pressure or coercion from either side.

Agreed settlement terms

Alimony, asset division, and custody arrangements (where applicable) should be broadly agreed between the spouses before the petition is drafted.

On the cooling-off period: the six month waiting period between the First and Second Motion can be waived in eligible cases, following the Supreme Court ruling in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, where the marriage has irretrievably broken down and further delay would cause hardship. Read our cooling-off period waiver guide for details.

Meet the eligibility criteria above?

Submit the online form for ₹2,500. Both spouses receive a confirmation email within a few hours to independently confirm consent before the case begins.

Submit NRI Divorce Form

Applicable Law

Which Indian Marriage Law Applies to Your Case

The act governing your marriage determines the exact procedure and section under which the petition is filed.

Hindu Marriage Act

Section 13B

Applies where the marriage was solemnised as a Hindu, Sikh, Jain or Buddhist marriage.

Special Marriage Act

Section 28

Applies to inter-faith couples or any marriage registered as a civil marriage in India.

Christian Marriage Act

Indian Divorce Act

Applies where the marriage was solemnised under Christian rites and customs.

Muslim Personal Law

Mubarat / Khula

Applies to Muslim marriages, handled through mutual dissolution by Mubarat.

Not sure which one applies to your marriage? Filed under Muslim personal law? See our dedicated guide to Muslim divorce by Mubarat for NRIs, or submit your case and we will confirm the applicable law for you.

Jurisdiction

Which Family Court Can Hear Your Case

For NRI couples, jurisdiction is one of the most commonly misunderstood parts of the process.

1
Where the marriage was solemnised

The Family Court in the city where the wedding ceremony took place generally has jurisdiction.

2
Where the couple last resided together

The city where both spouses last lived together as a married couple in India.

3
Where the wife currently resides

The wife's current or permanent place of residence in India can also establish jurisdiction.

Read the Full Jurisdiction Guide

Fees

One Fixed Fee. Both Spouses Represented.

₹80,000 covers the entire case for both spouses together, not per person, with no separate charges added along the way.

All-Inclusive Legal Fee
₹80,000
Payable in 4 clearly defined stages
View Full Fee Breakdown
  • Covers both husband and wife, no separate or per-person fee
  • Single advocate represents both spouses from case initiation to final decree
  • Power of Attorney drafting included, no additional drafting charges
  • Cooling-off period waiver application included where eligible
  • Court filing, First Motion and Second Motion representation included
  • Certified decree delivered to your overseas address at no extra cost

What You Need

Documents Required to Get Started

Digital copies are sufficient at this stage. Country-specific requirements vary.

Passport Copies

Self-attested, both spouses.

Address Proof Abroad

Utility bill, licence, or lease.

Marriage Certificate

Scanned copy, where registered.

Settlement Terms

Agreed alimony and custody terms.

See Full Documents Checklist

Settlement Matters

Custody, Alimony and Assets Are Decided by You, Not the Court

In a mutual consent divorce, the judge does not decide these terms. Neither does your lawyer. Both spouses discuss and agree on them together, and the court's role is only to confirm the agreement is voluntary and fair.

This is one of the most misunderstood parts of mutual divorce. Unlike a contested case where a judge rules on custody or maintenance, here the settlement is entirely your own decision as a couple. The court simply reviews it to ensure both parties agreed freely and the terms are reasonable.

Alimony and financial settlement

Whether alimony is paid at all, and if so, as a one-time lump sum or periodic maintenance, is entirely up to the couple. Alimony is not mandatory and can be mutually waived.

Child custody and visitation

Parents jointly decide custody arrangements, visitation schedules, and for NRI cases, how cross-border access and travel consents will work.

Division of property and assets

Jointly owned property, savings, and other assets are divided as the couple agrees, without a court-imposed formula.

Streedhan and gifts

Return of streedhan, jewellery, or gifts exchanged during the marriage is settled by mutual agreement between the spouses.

We help you structure these terms clearly in writing before the petition is drafted, so nothing is left ambiguous when it reaches court.

Child Custody in NRI Divorce

How custody, visitation, and cross-border parenting plans are decided in mutual consent cases.
Alimony and Maintenance

Lump-sum versus periodic maintenance, and how NRI couples typically structure settlements.

Explore Further

Where to Go Next

This page covers eligibility, applicable law, and jurisdiction. Once you know your case qualifies, these guides walk through everything that happens after, from the exact filing sequence to how long it realistically takes.

Step-by-Step Process

The exact filing sequence from the online form to final decree, explained stage by stage.
Power of Attorney

How court representation works through POA, so neither spouse needs to travel to India.
Realistic Timeline

How long each stage typically takes, with and without a cooling-off waiver.
Documents Checklist

Everything you need to have ready before drafting begins, by country where relevant.

What NRI Couples Say

A few words from couples who completed their case with us.

★★★★★

We never had to fly back from Toronto. The POA and video hearing handled everything, and the whole thing wrapped up in about two months.

R. Sharma, Canada

★★★★★

Clear fee structure, no surprises along the way. Every draft was shared with both of us before it went to court.

A. Menon, UAE

★★★★★

My spouse was in Delhi and I was in London. Coordinating across two locations sounded complicated, but it was handled smoothly.

P. Nair, United Kingdom

Common Questions

Eligibility and Legal Framework FAQs

For process, fees, and timeline questions, see our full FAQ page.

Either spouse can initiate the process by submitting the case for review. Since it is a mutual consent divorce, the petition itself is filed jointly once both spouses confirm agreement on separation and settlement terms.
The marriage should have taken place under Indian law for a Family Court to have jurisdiction. Formal registration strengthens documentation, but jurisdiction is primarily based on where the marriage was solemnised or where the couple last resided together.
The applicable law is generally determined by the law under which the marriage was solemnised, not current religious practice. We assess which act governs your marriage before drafting begins.
The one year separation under Section 13B refers to living separately, which can include not living as spouses even under the same roof in some circumstances. We review your specific timeline during the initial case assessment.
Yes. Custody, visitation, and support arrangements are agreed between the parents and submitted as part of the petition. The court reviews the arrangement to confirm it protects the child's welfare.
No, eligibility criteria remain the same regardless of where each spouse currently resides. What changes is how each spouse participates procedurally, since the spouse in India can generally appear directly while the spouse abroad typically proceeds through a Power of Attorney.

Not Sure Where You Stand?

Is Your Spouse Yet to Agree?

Mutual divorce requires both parties to be on the same page. If your spouse has not responded or is avoiding the conversation, a formal legal notice sent through our office can open the door without escalating to contested proceedings.

Send a Legal Notice to Spouse
Professionally Drafted Confidential Sent via Email or Registered Post