A previous marriage must be legally ended before a new one can be registered — otherwise the new marriage is void and may expose you to criminal liability for bigamy. When either partner has been married before, the officer will look closely at the papers, so it is worth getting them right in advance.
If you are divorced
- You need a certified copy of the final divorce decree.
- Under the Hindu Marriage Act, a divorced person may remarry once there is no right of appeal against the decree, or the time for appeal has expired without an appeal, or an appeal has been dismissed. A decree by mutual consent is not usually appealed, but contested decrees need care.
- If you were divorced abroad, the foreign decree may need to be examined for recognition in India and apostilled.
If you are widowed
You need the death certificate of your late spouse and an affidavit about your marital status.
Affidavits
The affidavit of marital status must correctly describe you as divorced or widowed. Describing yourself as unmarried when you are divorced is a common and serious mistake. We draft these affidavits carefully.
Frequently asked questions
Can I remarry while my divorce case is pending?
No. You can marry again only after the divorce decree is granted and, for contested decrees, the appeal period has passed or the appeal is decided.