By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Meera's divorce was granted in Australia a few years ago. She is now planning to remarry in Pune, and the family's lawyer there says the office registering the new marriage will want to see proof that her first marriage has ended, with an apostille.
Many people call it a divorce certificate, but in Australia the document that ends a marriage is a divorce order made by the court. When someone in India asks for it, they're usually asking for proof that the marriage has legally ended. Before you send anything, it helps to know what document they'll accept and whether it needs an apostille. Let's discuss this in further detail.
What form of your Australian divorce order will the recipient in India accept?
That's a question only the office or lawyer in India can answer, so rely on their instructions rather than ours. If they're unsure, ask them to check with the office that actually requires the document, because that office has the final say.
For most of our clients sending a divorce order to India, the request is for one of these:
- A notarised copy. Our notary verifies your divorce order and certifies a copy of it.
- A notarised copy with an apostille. Once the copy is notarised, we arrange the apostille from the Department of Foreign Affairs and Trade (DFAT).
- Something more. Some recipients also want a notarised copy of your passport, so they can match you to the name on the order.
Why would an office in India want an apostille on your divorce order?
Both Australia and India are members of the Apostille Convention. This means a document from Australia but sent to India should be issued with an apostille. That apostille is the internationally recognised way of confirming that an Australian document, or the notary's certification, is genuine. Courts, registration offices and other official bodies in India are the recipients most likely to require that your divorce order from Australia also has an apostille.
A few recipients still ask for attestation by the Indian High Commission or Consulate. That's a separate process, and one we'll cover in a later article.
What if your divorce order was issued electronically? (edit July 2011)
Since February 2010, divorce orders from Australia have been issued electronically rather than on paper. DFAT may accept some electronic government documents on their own, but there's no published process for it, and each one is assessed case by case. Unfortunately, that's not acceptable to everyone.
To give you certainty, we can ensure your Australian divorce order receives an apostille by verifying and notarising it before arranging for the apostille. The apostille will be attached to the notarised printed copy of your electronic divorce order.
If you'd rather go to DFAT directly without notarisation, you'll need to make your own arrangements with them.
What to bring to your appointment
- Your divorce order. If it was issued electronically, you must download the divorce order from the Commonwealth Courts Portal and without changing the file or the filename, email it to us. If you have a hardcopy version with original rubber stamp seal from the court, bring it to your appointment.
- Current photo identification. Usually your passport or driver licence, so our notary can confirm you're the person named in the order.
- The request from India. It's for reference, in case you need to go over the requirements with our notary.
- Your passport, if the recipient wants a notarised copy of it too.
What's the next step with your divorce order?
Example: the solution
Meera's lawyer confirmed that a notarised copy with an apostille would be accepted. She brought her divorce order and passport to our office, our notary verified and notarised the order and a copy of her passport, and we arranged the apostille. Meera collected the documents from us and sent them to her lawyer in Pune.
Ask us for a quote for your divorce order, or reach 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.
