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Divorce Documents Checklist

The documents that typically form the backbone of a divorce petition, whether by mutual consent or contested.

Reviewed by K K Saxena Associate · Last updated 17 September 2026

Whether you're filing for mutual consent or contested divorce, certain documents form the backbone of the petition. This checklist covers what's typically needed — the specific list depends on your grounds and circumstances.

Marriage certificate

Proof that the marriage was solemnised or registered — essential for any divorce petition.

Address & identity proof

Current proof of residence and identity for both spouses.

Proof of separation (if applicable)

Evidence of the period spouses have been living apart, relevant to some grounds and to mutual consent filings.

Income & asset details

Salary slips, bank statements or income tax returns, needed if maintenance or property division is being addressed.

Children's documents

Birth certificates and school records, where custody or child maintenance is part of the matter.

Settlement agreement (mutual consent)

A written agreement on maintenance, custody and property terms, for joint filing.

Evidence supporting grounds (contested)

Correspondence, medical records, witness statements or other proof relevant to the specific grounds relied on.

Not sure which documents apply to you?

Mutual consent and contested divorce need different supporting documents. See mutual consent divorce or contested divorce for the process each follows, or get in touch and we'll confirm exactly what your case needs.

Frequently asked

Do I need my original marriage certificate or a copy?

Courts typically expect the original marriage certificate to be produced at some stage, with copies filed with the petition; we advise on the specific requirement for your court.

What if we don't have a written settlement agreement yet?

For mutual consent divorce, reaching a written agreement on key terms is usually a prerequisite; we can help you negotiate and document one before filing.

Related reading

Preparing to file for divorce?

Share what documents you already have and we'll tell you what's still needed.

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Note: Information on this website is for general informational purposes and does not constitute legal advice. Laws, procedures and requirements can vary depending on individual circumstances and jurisdiction. Please consult a qualified legal professional for advice specific to your matter before acting on anything you read here.
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