Divorce Documents Checklist

There are few common documents required for working professionals, self-employed, and business professionals, however, asset related documents are separate, please go through the list under particular headings.

List of common documents required to file a divorce case are as below,

Marriage certificate.

Wedding photos.

Details of family and children such as ration card.

Address proof of both husband and wife.

Details of children, if any, like birth certificates.

IT declaration.

Details of assets in brief, including jointly held among husband and wife.

Documents related to assets.

Any discrete information such as photographs or videos required to prove the ground.

List of financials and asset related documents related to working professionals seeking divorce and respondents upon service of summons

Salary slips: Latest salary slips should be furnished to show the current earning potential of the petitioner, if working in case of petitioner. The respondent party upon service of summons would furnish salary slips to show their current financial status.

IT returns: Form-16 is mandatory for working professionals which should be furnished. The other advantage of Form-16 is it would give information on investments and various sources of income.

Fixed deposits: Fixed deposits would include deposits in banks, post office, and corporate deposits. These deposits could be in the name of either of the parties or jointly held. If the husband / wife have joint deposits with other family members such as brother, father, mother, father-in-law, and mother-in-law, such deposits will be counted as well.

Insurance policy, if any: If there are any insurance policies held by parties to divorce, individually, or jointly with other family members such as brother, father, mother, father-in-law, and mother-in-law, such investments will also be considered.

Liabilities, such as loans including car, home, and personal loan, etc.,: The liabilities will help the court in making decisions regarding, maintenance and alimony.

Bonds: If there are any bonds, which could include post office or other corporate bonds, those will be counted in as well. This includes individual, jointly held, or jointly held with other family members of parties to divorce.

Stocks, derivatives, etc.,: Any investment in stock market, which may include equity, derivative, debentures, forex instruments, and other assets of the petitioner. This includes individual, jointly held, or jointly held with other family members of parties to divorce.

Sale deeds of all the properties purchased including joint ownership: The properties may include residential, commercial, inherited, or gifted properties of petitioner. This includes individual, jointly held with the respondent, or jointly held with other family members of parties to divorce.

Rental agreements, as a tenant: Rental agreements, as a tenant if living on rent and also if there is any business being conducted along with job, then rental agreements of the business establishment should be included as well in case of petitioner including partnership businesses of petitioner as well.

Owning a rental property: Rental agreements, if any of the property owned by petitioner seeking divorce is rented out, that should be mentioned by the petitioner including both commercial and residential. This includes individual, jointly held with the respondent, or with others.

Mortgage deed: Any mortgage deed, in the capacity of mortgagor or mortgagee in the name of petitioner or in partnership with others including both commercial and residential property of the petitioner.

Partnership agreements: Partnership agreements of the petitioner, if invested in any business individually, jointly, or in partnership with others.

List of financials and asset related documents related to business professionals seeking divorce and respondents upon service of summons

IT returns: This includes IT returns of petitioner if engaged in any business. This is mandatory to assess the financial status of the petitioner.

Incorporation details of company, business, or shop establishment: If the petitioner is engaged in any business or several businesses either conducted individually or jointly, those details should be mentioned. If several businesses are there, then details of all those companies should be included as well.

Annual accounts summary provided by a chartered accountant: Every business establishment will get annual accounts summary to show the financial status of the establishment, such summaries will provide insight into financial status of the petitioner, hence, it is pertinent.

Partnership deed: If the petitioner is engaged in any partnership business activities, then such deeds should be mentioned which would show the extent of ownership and nature of business.

Fixed deposits: If the petitioner has fixed fixed deposits individual, jointly held with respondent, or with others, those details should be mentioned as well.

Insurance policy, if any: If the petitioner has insurance policies, jointly in the name of respondent, or jointly with any others, then such particulars should be disclosed.

Liabilities, such as loans including business, car, home, and personal loan, etc.,: Any loans on business establishments held and personal commitments such as car loan, business loan, personal loan should be mentioned.

Bonds: Any government bonds, maturity bonds, or corporate bonds, held in the name of petitioner, jointly with respondent, or with jointly with others should be mentioned.

Stocks, derivatives, etc.,: If the petitioner holds any equity, derivatives, debentures, or any other financial instruments including forex instruments held individually, jointly with the respondent, or jointly with others should be mentioned as well.

Sale deeds: Sale deeds of all the properties purchased by petitioner including residential and commercial, self-acquired, inherited, gifted, acquired jointly with the petitioner, purchased jointly with others should be mentioned as well.

Rental agreements, as a tenant if living on rent: If the petitioner is a tenant living on tenant, conducts business on rented space either individually or in partnership with others, then such agreements should be mentioned.

Rental agreements if owning a rental property: Rental agreements, if any of the property owned by parties seeking divorce is rented out: If there are any properties rented out by petitioner, residential or commercial, held individually, jointly held with the respondent, or held jointly with others should be mentioned.

Mortgage deed: Any mortgage deed, in the capacity of mortgagor or mortgagee in the name of parties seeking divorce and the respondent party: If petitioner has mortgaged any property, both commercial and residential, individually, jointly with the respondent, or with others should be mentioned.

List of financials and asset related documents related to self-employed seeking divorce and respondents upon service of summons

IT returns: For petitioner, IT returns of the self-employed would give an insight into their financial status, be it practicing individually or in the capacity of a consultant. Hence, IT returns would give significant information on the earning capacity and potential, hence, it should be mentioned.

Annual accounts summary provided by a chartered accountant: Annual account summary provided by the chartered accountant would give a comprehensive outlook on the financial status of their respective practice, so it is important to mention.

Fixed deposits: If petitioner has any form of fixed deposits either held jointly with respondent, held individually, or with others including corporate deposits should be mentioned as well. This includes any form of corporate deposits as well.

Insurance policy, if any: It is very normal to own an insurance, either to secure the future or for the investment purpose, in either case, if petitioner has insurance policies, held individually, jointly, or jointly with others, it is important to mention.

Liabilities, such as loans including car, home, and personal loan, etc.,: If there are any loans on their business practice, or in any other form such as vehicle, home, or personal, that would show the liability and financial commitment, hence it is important.

Bonds: If petitioner has any bonds such as post office, corporate, or any fixed interest government bonds, individually, jointly with the respondent, or jointly with others, then it is important to mention.

Stocks, derivatives, etc.,: If the petitioner has invested in stock market and owns equity, debentures, derivatives, or forex instruments or any other financial assets, then it is important to mention.

Sale deeds of all the properties purchased by both the parties including joint ownership: If the petitioner has property in their name held individually, jointly, or held jointly with others, then it is important to mention such sale deeds to assess the financial viability. This includes all properties covering both commercial and residential.

Rental agreements, as a tenant if living on rent: If the petitioner is living on rental accommodation or rented out a rental space including both commercial and residential, conducting practice in a rented space, then those should be mentioned as well.

Rental agreements, if any of the property owned by parties seeking divorce is rented out: In this case, including commercial and residential property, the details of the property should be mentioned. If there are any third parties involved in the property in case of joint holding, they should be mentioned as well.

Mortgage deed: Any mortgage deed, in the capacity of mortgagor or mortgagee in the name of parties seeking divorce and the respondent party: This includes both residential as well as commercial property that needs to be mentioned covering individual, any joint property holding with the other party to the divorce as well as any third party.

Partnership agreements: Partnership agreements, if invested in any business: If there is any business involved by one of the party or between parties to the divorce or any of the third parties, that needs to be mentioned.