By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Priya married in Ahmedabad and moved to Sydney some years later. Her divorce proceedings have started in a family court in Gujarat. Her lawyer there sends a petition, an affidavit and a Vakalatnama, and asks for them to be notarised and apostilled in Australia.
When a divorce is being heard by a court in India and you live in Australia, you usually don't have to fly back to sign every document. Your lawyer can send the papers here for you to sign before a notary public. Divorce papers are personal and often stressful to deal with, so it helps to know what our part is and what isn't. Let's discuss this in further detail.
Who prepares the papers for your divorce in India?
Your lawyer in India prepares every document for the court, and only they can tell you what the court needs from you. The Vakalatnama, petitions, any affidavit and the authority for your lawyer to act are Indian court documents, and the court's own practice decides their form.
We don't advise on divorce in India or on what you should say. Our notary confirms you are who you say you are, witnesses you sign and notarises each document. Everything you say in the papers is between you and your lawyer.
Which divorce documents might you sign in front of our notary?
For most of our clients in this situation, the documents their lawyer sends are some of these:
- A petition or application. The document that starts or answers the case. Your lawyer tells you where you sign.
- An affidavit. Your sworn or affirmed evidence for the court.
- A Vakalatnama. The Indian document that authorises your lawyer to appear for you. It's an Indian legal instrument, and it isn't the same thing as an Australian power of attorney.
- A notarised copy of your passport, if your lawyer needs proof of your identity on the court file.
Ask your lawyer whether the documents can be printed on plain A4 paper, since Indian stamp paper isn't sold in Australia.
Will your divorce papers need an apostille for the Indian court?
Most likely. Courts in India are official recipients, and the apostille is how they recognise a signature notarised in a fellow Apostille Convention country such as Australia. Your lawyer should confirm it, and where they can't say, we proceed on the basis that the apostille is needed.
Some court offices still ask for attestation by the Indian High Commission or Consulate. If yours does, that's a different procedure, and a topic for a future article.
We arrange the apostille with the Department of Foreign Affairs and Trade (DFAT) after notarising your documents.
What to bring to your appointment
- Each document, printed and unsigned. Keep them in the order your lawyer sent them.
- Your passport, preferably the one named in the papers.
- Passport photographs, if your lawyer asks for them on any document.
- Your lawyer's email setting out what to sign and where.
What next for your divorce papers?
Example: the solution
Priya brought the three documents and her passport to one appointment. She signed each in front of our notary, who notarised them along with a copy of her passport. Once DFAT had issued the apostilles, we sent everything by international courier to her lawyer in Gujarat, so it reached the court file without Priya travelling.
Signing divorce papers for India? Tell us what you need for a quote, or write to us on WhatsApp.
About Us
This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.
As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.
Phang Legal — Parramatta6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150
Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155
Call 02 9687 8885 | WhatsApp | Request quote
About the author
Ern Phang — Solicitor & Notary Public
This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.
Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.
Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.
Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.
