Divorce in India is a maze. It requires a lot of documents. And instead of gathering documents while the proceedings are going on or on demand, it is far better to have the documents handy before filing the divorce. Getting your paperwork in order is one of the smartest things you can do for yourself. Courts make decisions around maintenance, child support, asset division is based entirely on documents you provide, so the more organised you are, the better protected your financial future will be. This article will walk you through all the key documents you’ll need, from income tax returns and bank statements to insurance policies, property deeds, loan records, and much more. This will not only help you save time and stress later on but also help you have a strategy for your next move.
1) Collect income proof documents while planning your divorce
If you are preparing for divorce, it’s important to get your income documents in order because the court will use them to figure out maintenance, alimony, or child support.
Here are the list of documents needed to prove your income
- Income tax returns from since your wedding or at least the last three years to show your earning history and help the court understand how your income has changed over time.
- Along with your returns, also gather documents like Form 16, computation sheets, and assessment orders as supporting documents.
- Recent salary slips for around 6 months to confirm where you work right now and how much your monthly salary is. Other documents like appointment letters, job contracts, promotion papers, degrees, are also good to have.
- If you run a business or are self-employed, gather profit and loss statements, balance sheets, cash flow reports, and CA certificates for at least three years. Courts look at business income especially closely because it can be easier to hide. If your financials have been audited according to Indian standards, that helps your claims seem more reliable.
- 1 Finance Magazine found that 46% of women reduce their work hours after marriage. So, if you’re a woman claiming maintenance, make sure to document any breaks or reductions in income caused by marriage, childbirth, or moving for your spouse’s job.
Gathering all these papers makes sure your true income and earning capacity are clear. This means the court can make fair decisions about money matters when your divorce is finalised.
Remember if there’s any suspicion of hidden income, courts can order lifestyle analysis comparing reported income against observed expenditure patterns. Hence don’t try to hide anything.
2) Collect banking accounts, investments, insurance, and retirement savings documents before filing divorce
These are very important documents that offer a broader picture of your current finances. Make sure you collect the following documents very meticulously.
Start by gathering bank statements for all your accounts, including savings, current, fixed deposits, and recurring deposits, ideally for the past 12 months. Make sure to include statements for both joint and individual accounts, because hiding any of them can lead to negative consequences in court.
Next, make a complete list of your investments. You need to get hold of share certificates, demat account statements, mutual fund statements, records of any dividends, and documents for bonds, debentures, or alternative investments like private equity, hedge funds, and venture capital. You also need to document capital gains for property sales, stock, mutual fund, gold, and jewelry gains.
Don’t forget your retirement savings. Collect statements for accounts like Employees’ Provident Fund (EPF), Public Provident Fund (PPF), National Pension System (NPS), and any superannuation or gratuity funds. You should include statements covering the period from your marriage to separation, so contributions made throughout your marriage are clear.
- Cryptocurrency and digital assets
If you own cryptocurrency or digital assets, gather related records such as wallet addresses, exchange account statements, transaction histories, and valuation reports for relevant dates.
Getting all these documents ready will help you have a very clear picture of your financial situation. You will also be able to plan for future steps more accurately.
If you’re getting ready for divorce, don’t forget to collect all your insurance papers, this includes term insurance, ULIPs, endowment plans, and health policies. Some of these policies, like ULIPs and endowment plans, can build up cash value over time, which may be considered a marital asset and could be shared between you and your spouse. It’s important to have documents for both policies bought before and during your marriage and keep track of things like the sum assured, policy duration, premium payment receipts, who’s named as beneficiary, fund statements, surrender certificates, and health coverage details. Just remember: regular term insurance only pays out on death and has no cash value, but ULIPs and endowment plans do build up money you can access after a set period, and how you paid for premiums (like using joint account funds) affects whether they’re treated as a marital asset in your divorce.
- Document your Stridhan if you are a woman
If you’re a woman preparing for divorce, it’s very important to document your Stridhan, which includes all gifts, jewelry, money, and property received from your parents, husband’s family, or relatives during marriage ceremonies and special occasions, these are your personal property, and only you have legal rights over them, even after divorce. You should collect wedding photos and videos showing jewelry and gifts, any receipts, appraisals or insurance documents, and also supporting evidence like witness statements and bank records. If your Stridhan is withheld, you can send a legal notice demanding its return, along with a detailed list and current value—if not returned, you can seek legal action,
- Documents to gather for property
In cases of divorce, real estate and property often become the center of disputes. Hence you should be ready with all the important documents. This includes title deeds, sale deeds, encumbrance certificates, property tax receipts, and municipal valuation records. These documents prove that you own the property and what the official values are.
Also, keep records showing how you paid for each property, this helps the court figure out whether they’re marital assets (shared between spouses) or separate property.
Don’t forget about cars and personal assets like jewellery, art, antiques, expensive watches, and collectibles. For vehicles, gather the registration certificates, insurance papers, purchase receipts, and get a current valuation. For valuable personal items, keep any purchase bills and professional appraisals—these help establish their true worth in court.
3) Gather key business documents before divorce
Collect all key documents that proves ownership in business. Make sure that you have partnership deeds, incorporation certificates, memoranda and articles of association, shareholder agreements, and business registration documents.
Your business might also undergo valuation. Hence be prepared with financial statements like profit and loss, balance sheets, cash flow statements for at least 3 years , along with business tax returns, GST returns, and audit reports. Asset schedules for equipment, property, inventory, and any intellectual property are also important. Contracts with customers, suppliers, employees, and leases help show business relationships and obligations.
Make sure to collect rent-related documents, whether you’re paying rent or earning rental income.
- Registered rent agreements (with a tenure of 11 months or longer)
- Rent receipts showing exactly what has been paid or received
- Property tax receipts if you own the property earning rent
- Bank statements showing rent credits (if you earn rent) or debits (if you pay rent)
Special situations
If you’re living in a family-owned home without paying rent, get an affidavit confirming the arrangement. Courts may count such free accommodation as a “notional rent” saving, which could influence lifestyle and maintenance calculations.
4) What loan/debt documents to collect before divorce
When you are going to file your divorce, it’s very important to collect all loan documents, be it housing loan, car loan or personal loan to show how much you still owe, the interest rate, monthly payments, and when the loan will be fully paid off. It doesn’t matter if it’s a joint loan or not; everything needs to be disclosed because courts look at what the loan was used for when deciding who’s responsible for repayment.
Also ensure to gather the last 12 months of credit card statements. And if possible document why and where the credit card was used. Credit card debt built up during the marriage may be considered joint debt, even if just one spouse’s name is on the card.
- Child-related documentation
When children are involved in a divorce, keeping the right documents is really important for decisions about custody and support.
- Birth certificates prove parentage, age, and legal relationships.
- School records like enrollment forms, report cards, attendance, and teacher notes—show the child’s educational needs, performance, and costs.
- Medical records including immunizations, prescriptions, specialist treatments, and health insurance—show healthcare needs and expenses.
- Expense records like tuition, school supplies, uniforms, extracurricular activities, sports, music lessons, tutoring, medical bills, clothing, childcare, and daily costs—help calculate child support accurately.
Conclusion
Having a complete set of documents gives you a real advantage when it comes to divorce negotiations or court proceedings. The spouse who gathers and organises their financial papers early is much better prepared—whether you’re working things out with your partner or things end up going to court. Start collecting your documents as soon as possible, since banks, insurance companies, and tax offices can take a few weeks to send you what you need.
Remember, courts can only make decisions based on the paperwork and proof you provide, not on things you know but can’t show. The effort you put into building this documentary foundation can make a huge difference to your financial well-being after divorce, so it’s worth investing the time and care to do it right.
