Spouses in New Zealand who married in India can obtain a mutual consent divorce in India, usually acting through a power of attorney holder and appearing by video. A dissolution order from the New Zealand Family Court is recognised in India where both spouses took part in it; if one did not, the marriage may still subsist in Indian law and remarriage in India would be unsafe.
- Document route
- Notary + DIA apostille, or Indian mission
- Time difference
- 6.5 to 7.5 hours ahead of IST
- Handled in India at
- Family court
- Travel to India
- One appearance or video, court permitting
How it works from New Zealand
For a mutual consent divorce we draft the settlement, covering any payment, jewellery, children and withdrawal of cases, and the joint petition. The spouse in New Zealand signs an apostilled power of attorney in favour of a parent or sibling. Family courts commonly accept video confirmation of consent; because New Zealand is six and a half to seven and a half hours ahead, hearings fall in your late afternoon. After long separation the six-month waiting period is often waived.
If you already hold a New Zealand order, we examine how it was obtained. A joint application, or one the respondent acknowledged and did not oppose, is generally safe. A one-sided order served on a spouse in India who did not take part should be backed by a declaration from an Indian court or a fresh mutual consent decree.
What is different for NRIs in New Zealand
- Do not remarry in India on a decree the other spouse did not participate in.
- Custody is decided on the child's welfare; New Zealand is a Hague Abduction Convention state, India is not.
- An apostilled Indian decree is accepted in New Zealand.
Step by step from New Zealand
Free review call
Calls are held in your late afternoon or evening, when the Indian day begins. We read your papers on a divorce matter in India first, so the call is about your options and not a repeat of the facts.
Authority from New Zealand
Where a representative must act for you in India on a divorce matter in India, you sign before a New Zealand notary public and obtain the apostille of the Department of Internal Affairs, or attend the High Commission in Wellington or the Consulate in Auckland. We draft the document and send signing instructions.
Work in India
In India, we file or defend the petition in the family court with jurisdiction and apply for your appearance by video conference or through an attorney. Updates for clients in New Zealand go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the certified decree, with apostille or attestation if it must be used abroad. Originals are couriered to your address in New Zealand if you need them.
The law in full
This page covers what changes when you handle a divorce matter in India from New Zealand. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on NRI Divorce. For other matters, see all legal services for NRIs in New Zealand or the Family, Marriage & OCI practice area.
Questions from NRIs in New Zealand
Is a New Zealand divorce valid in India?
Yes where both spouses participated. A one-sided order based only on separation may not be recognised.
Can I get a mutual consent divorce in India while living in New Zealand?
Often yes, through a power of attorney holder and video appearance, subject to the particular family court's practice.
How long does a mutual consent divorce take?
A few weeks to a few months where the waiting period is waived; up to six to eighteen months otherwise.