What is NRI Mutual Divorce?

NRI Mutual Divorce refers to the legal process where Non-Resident Indian couples mutually agree to end their marriage under Indian laws, even while residing abroad. It follows the same principles as a standard mutual divorce in India but involves additional steps to accommodate geographical distance, such as:

  • Remote document signing (via notarization or Indian embassies).

  • Virtual court appearances (where permitted).

  • Coordination across time zones and legal jurisdictions.

The process remains amicable and collaborative, with both parties agreeing on terms like child custody, alimony, and asset division upfront. It is governed by Indian family courts, and the divorce decree is legally valid globally once issued.

Process of NRI Mutual Divorce without Travelling to India

An NRI can complete the mutual divorce proceedings in the Indian Family Courts without travelling to India either by appointing a Special Power of Attorney (SPoA) or by availing online hearings.

Appoint SPoA

An NRI can appoint any family member to appear in the court on his/her behalf.

OR

Online Hearing

An NRI can file an application before the Family Court to request for online hearing

What is Special Power of Attorney(SPoA)?

A Special Power of Attorney (SPoA) is a legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) for specific, limited tasks. Unlike a General Power of Attorney (which grants broad powers), an SPoA is restricted to predefined actions, such as representing someone in court, signing documents, or handling financial transactions.

Key Features of SPoA:

  1. Limited Scope:

    • Only applies to explicitly mentioned tasks (e.g., signing divorce papers, appearing in court, managing a property sale).

  2. Revocable:

    • The principal can cancel the SPoA at any time.

  3. Not Transferable:

    • The agent cannot delegate authority to others unless stated in the document.

  4. Termination:

    • Ends automatically after the task is completed, on a specified date, or if the principal becomes incapacitated (unless designated as durable).

How to apply for NRI Mutual Divorce?

At FAM Legal, we specialize in handling Mutual Divorce cases for NRIs across Delhi, Noida, Gurgaon, Mumbai, and Bengaluru. We understand the complexities of navigating Indian family laws from abroad, and we’re here to make the process smooth, transparent, and hassle-free. If you or your spouse belong to or reside in any of these cities, you can fill out our Mutual Divorce Application Form to apply for NRI Mutual Divorce.

How to consult for NRI Mutual Divorce?

To consult for NRI Mutual Divorce, you can choose from the following options:

  1. Free Consultation (Call/WhatsApp) – Speak/Chat with our experienced advocate to understand the process.
  2. Video Consultation (₹1500) – Get a detailed discussion via video call for a more personalized consultation.
  3. In-Person Consultation (₹2500) – If you are not in India, your relatives staying in India can visit our office on your behalf.

To book a consultation, click here.

Why Choose FAM Legal for NRI Mutual Divorce?

  • Expertise in NRI Cases: Our deep understanding of legal requirements for NRIs ensures compliance with Indian laws while respecting your international commitments.

  • Remote Process Handling: From document submission to court appearances, we facilitate most steps remotely to minimize your travel.

  • Dedicated Support: Personalized guidance via WhatsApp, email, and video calls to keep you updated at every stage.

How It Works for NRIs?

  1. Initial Consultation: Share your details via our online form, and we’ll outline a tailored plan.

  2. Document Preparation: We draft and courier the mutual divorce petition to your location. Sign it in the presence of a local notary and return it to us.

  3. Virtual Hearings: Where possible, we request the court for video conference appearances to avoid travel.

  4. Representation Options: If physical presence is required, we help you nominate a family member or assist with travel guidance.

  5. Final Decree: Once granted, we securely courier the divorce decree to your international address.

NRI Mutual Divorce FAQ

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1. How can an NRI complete documentation for an Online Mutual Divorce?

For an Online Mutual Divorce, an NRI needs to have their Mutual Divorce Petition attested by the Indian High Commission or through a local notary. This petition should include an application requesting an online hearing with the Judge.

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2. What is a Special Power of Attorney (SPoA) for NRI Mutual Divorce?

A Special Power of Attorney (SPoA) for NRI Mutual Divorce is a legal document that authorizes a family member to act on behalf of the NRI spouse during the mutual divorce process.

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3. How to appoint an Special Power of Attorney (SPoA) for NRI Mutual Divorce?

Mutual Divorce Lawyer follows followings steps to appoint Special Power of Attorney (SPoA) for NRI Mutual Divorce:

  1. Choose the Agent: Select any adult family member to act as the agent (attorney-in-fact) on the NRI spouse’s behalf. It is crucial to appoint someone who understands the responsibilities involved.
  2. Provide Documents: Share the ID/address proof document for yourself and the agent.
  3. Finalize the SPoA Draft: Once we get the required information and documents from you, we prepare the SPoA document that clearly defines the powers granted to the appointed agent for handling the NRI Mutual Divorce proceedings. We share the draft with you so that you check and finalize it.
  4. Execute the SPoA: We email you the clear instructions on how to sign and execute the SPoA before the Indian High Commission.
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4. Can an NRI file for mutual divorce in the country where they are currently residing?

Yes, an NRI can file for mutual divorce in the country where they are currently residing. The ability to do so depends on the laws and regulations of the country in which the NRI is living. Different countries have varying residency requirements for filing for divorce. Some may require a specific period of residency before allowing a divorce to be filed. NRIs must be aware of and meet these requirements.

NRIs seeking mutual divorce can consult with legal professionals of the country in which they are living. These experts can provide guidance on the specific procedures and requirements relevant to the jurisdiction in which the divorce is being pursued.

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5. Is foreign mutual divorce decree valid in India?

Yes, a foreign mutual divorce decree is considered valid in India. India acknowledges foreign mutual divorce decrees that have been legally obtained and comply with the laws of the respective country. The decree must be both final and conclusive in the foreign jurisdiction.

It’s important to understand that a mutual divorce decree is distinct from a contested divorce decree. In mutual divorce, both the husband and wife agree to the divorce and submit to the jurisdiction of a foreign court. This is why such decrees are accepted as valid.

Conversely, if a divorce is contested, it may be challenged and deemed invalid by Indian courts if they find it appropriate to do so.

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6. What is your fees for NRI Mutual Divorce?

  • The total fees for an NRI mutual divorce case is ₹60,000.
  • This fee covers both parties (husband and wife) in court and is divided into 4 installments:
    • ₹999 for Mutual Divorce Papers,
    • ₹9,000 for Settlement Terms & Documentation,
    • ₹25,000 for Mutual Divorce First Motion, and
    • ₹25,000 for Mutual Divorce Second Motion.
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