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Heartbroken (T)     08 December 2014

Advice for remarriage with divorce order only

Hello respected members,

I am mutually divorced and I have certified copies of both Divorce Order and the Decree of Divorce .Now,I have a proposal from a mutually divorced girl.The father of the girl told me that she got her divorce almost 2years ago and he is sure that she has the Divorce Order.When I asked him if she also has the certified copy of the Decree of Divorce,he told me that he was not sure.He also told me to check the papers before proceeding with the marriage.

I will certainly check the papers.But I want to know from you if one has only Divorce Order and not the Decree of Divorce,is it legally possible or advisable to remarry?

Thanks in advance.



Learning

 8 Replies


(Guest)

The decree is just like a certificate, stating the court has awarded divorce.  The judgement/order will contain full discussion of the case including the complainant's version, defence version, points to be considered, settled laws relied upon, arguments by both the sides and the court's decision with its reasons for the judgment pronounced. 

 

 

So a decree is just like a degree awarded by court that this candidate has passed out.  Make sure you see the order/judgement copy before you plunge in.  All the best.

Heartbroken (T)     09 December 2014

Thank you @Helping Hand! for your response. I know for the registration of marriage one needs to produce proof of divorce and I thought that the decree of divorce is that proof.You mean one can produce either order of divorce or decree of divorce?So,that means I can proceed if I can see her divorce order?I am just being extra cautious as I had a bitter experience and I don't want legal complications any more. 

Yes,I will certainly check the papers before I make the next move.

rakesh sharma (owner)     09 December 2014

Ask the woman to apply for certified copiea of divorce and then show it to you.

Heartbroken (T)     09 December 2014

Thank you @Rakesh Sharma.

Please,bear with my ignorance. I am only a lay man. I received the ccertified copy of the Divorce Order/Judgement the next day after I got divorced. When I asked my lawyer for the Decree of Divorce, he told me, it would take some more days. I don't remember but it probably took 15-20days more. Not to mention,I had to spend some more money both the times. So, I can understand there is a chance of someone with only the certified copy of the Judgment/Order and not having the Decree. I suppose, that person is also legally divorced.Please, forgive me, if I said anything wrong and please correct me. But I am not sure if it is a document enough to get remarried again. If it is not, and if she doesn't have the Decree then I will certainly ask her to collect the Decree document. 

Is the certified copy of the Decree of Divorce(document) mandatory for remarriage? 

Can one get remarried with the certified copy of the Divorce Judgement/Order? 

Please, keep in mind, I am talking about a mutually contested divorce. 

SuperHero (Manager)     09 December 2014

For E.g. If you are a Graduate. The final degree certificate that you have passed Bachelors of Engineering in Aeronautical (decree in case of divorce).

The Judgment order is like all your semester exam mark sheets. Which will contain which subjects you got good marks and which one you failed. (Evidences, False Allegations, Dowry, 498a etc.,)

 

Good Luck!!!

Heartbroken (T)     09 December 2014

Thanks @Superhero.

Yes,I understand the difference between a Divorce Order and Decree of Divorce.But my questions are still unanswered.

  1. Is the Certified Copy of the Decree of Divorce mandatory for remarriage?
  2. Is it legally possible to get remarried with the Certified Copy of the Judgement/Order of Divorce? 

Please,keep in mind,I am talking about Mutually Consented Divorce.


(Guest)

It appears that the said party, has not got divorce and want to marry off their daughter without divorce decree.  Marrying like this would be illegal. It appears that the other party is hiding something, there is something suspicious because they have got no decree in hand, better ask girls father to get decree, wait for 2 months, and see if they get decree, or else cancel marriage.

Heartbroken (T)     14 December 2014

Thanks respected members for your support.

I have received her divorce papers and yes there is a Decree of Divorce.I have not seen the documents in original yet,only the xerox copies. Her papers look almost exactly similar to my papers.But at the bottom of my papers there is a stamp that says "Certified to be a True Copy" which is missing from the documents that I received from her father.Now,the xerox copies are in A4 paper size and original documents should be in Legal paper size,and that may be the case why the stamp is missing.I will certainly see the original papers before my final decision.

What do you think,does everything sound good?

Thank you once again.


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