An Indian couple married under Indian law can seek divorce in the family court where they married, last lived together or where the wife lives. Mutual consent divorce under section 13B of the Hindu Marriage Act needs a joint petition after a year of separation, and courts can waive the six-month waiting period. Many courts allow the spouse abroad to appear by video.
- Document route
- Iraqi notary, Ministry of Foreign Affairs legalisation, then Indian mission attestation
- Time difference
- IST is 2h30 ahead of Iraq all year
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from Iraq: how it works
For mutual consent, we draft the settlement covering maintenance, alimony, jewellery and custody, file the joint petition and seek exemption or video appearance for the spouse in Iraq. For contested cases, we prepare the petition on the grounds available and advise on interim maintenance and custody.
We also defend maintenance claims and advise on criminal complaints that sometimes accompany matrimonial disputes, including anticipatory bail.
Where the couple married under the Muslim personal law, we advise on talaq, khula and the Dissolution of Muslim Marriages Act as applicable.
What clients in Iraq should know
- Keep records of income and expenses for maintenance hearings.
- Mutual consent is much faster than a contested case.
- Plan one trip home if the court insists on personal appearance.
Step by step from Iraq
Video consultation
A call at a time that suits Iraq, after we have read your documents.
Documents signed in Iraq
Iraqi notary, Ministry of Foreign Affairs legalisation, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Iraq where needed.
The full guide
This page covers what changes when you are in Iraq. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in Iraq and the Cross-Border Family Law practice area.
Questions from clients in Iraq
Can we divorce without both of us in India?
Often yes, with video appearance, though some courts insist on one personal appearance.
Will an Iraqi court divorce be valid in India?
For a marriage under Indian personal law, often not; we usually advise divorce in India.
How long does a contested divorce take?
Usually several years unless settled.