Me and my ex partner want to go for a mutual divorce and straight forward case. But she is back in India and we want to

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Customer: Hi, Me and my ex partner want to go for a mutual divorce and straight forward case. But she is back in India and we want to conclude it without appearing in the court
JA: What steps have you taken? Have you filed any papers in Indian family court?
Customer: Nothing done yet in Indian family court
JA: Have you talked to a lawyer about this yet?
Customer: I haven't got a proper consultation yet but some of my friends told they have seen similar cases.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We both don't need any financial settlements.
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read your question
Customer
Thank you Chris
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Chris The Lawyer, Expert

If there is no issue of property you can just wait two wars after you separate and then apply for the marriage to be dissolved. That is done on the papers so you don’t need to go to court
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Chris The Lawyer, Expert

That should be two years
Customer
Its been already 2 years and we need the marriage dissolution paper to be registered in India
Customer
Is it possible to get that without going to the court?
Customer
The main issue here is our marriage was registered under hindu marriage act in India and the marriage happened back in India
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Chris The Lawyer, Expert

If you have been separated for two years, you can apply for the marriage to be dissolved in New Zealand. When you file the joint application for dissolution of the marriage, the family court makes the order on the papers and you don't have to go to court personally. The court will then issue a sealed order of dissolution, which will be able to be registered in India

Customer
Thank you Cris. WIll the order be sent to Indian court directly for registration or we need a separate lawyer there in India for registartion? What is the procedure for joint application and how will it cost for the entire process?
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Chris The Lawyer, Expert

You can get a copy of the joint application from the family court website

  1. Fill in the forms in the application pack:
    One party application for divorce (Order dissolving a marriage or civil union) [PDF, 4.5 MB]
  2. Also include:
  3. File your application. This means your documents need to be delivered personally or posted to your local Family Court by you or your lawyer.
    The fee for applying for a divorce is $211.50 (including GST).
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Chris The Lawyer, Expert

The court will process your application and send you the sealed order. You can take the sealed order to the appropriate court in India

Customer
Thank you Chris. I dont have a separation agreement or order. Do I need one or shall I show some other evidence? If i Have to then what is the procedure for getting one?
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Chris The Lawyer, Expert

You just need to include in your affidavit a clause which says that you both verbally agreed to separate on a particular date. That is all which is needed

Customer
1) Is affidavit just a written proof of document or some legal paperwork that should be prepared only by a lawyer?
2) What are the options for each of us signing the application, i.e should I ask her to sign the application and send it to the NZ court straight away or Should I ask her to send it to me and I should sign and file it in New Zealand?
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Chris The Lawyer, Expert

If you upload the application from the family court it will include a copy of the affidavit in draft. I would suggest you get your wife to sign the application and return it to you so that you can then sign and file in New Zealand

Customer
We both were living together for 3 and half months together. Is it possible for declaring this marriage or civil union to be void
?
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Chris The Lawyer, Expert

No, that would not be possible. Have you been separated 2 years however?

Customer
we are separated for more than 2 years Chris.
Customer
How much will I be charged for preparing the documents for this process if I want to get your services Chris?
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Chris The Lawyer, Expert

Probably around $1200

Customer
All good Chris. Thanks for your advice. Kindly send me your contact details
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Chris The Lawyer, Expert

Contact through www.lahatte.lawyer thanks

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