When is a written divorce agreement legally considered valid?
If a husband and wife sign a written agreement stating that they want a divorce without going to court, is it considered legally valid or invalid? Under which Supreme Court judgment is this addressed?
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Advocate By LEAD INDIA
Answered: 04 Jun 2025
A written agreement between husband and wife is not valid for divorce. Divorce can only be granted by a family court under law. You must file a Mutual Consent Divorce petition under Section 13B of the Hindu Marriage Act or relevant personal law. Supreme Court requires judicial approval for all divorces. For further legal assistance contact us on our helpline number.
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