By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Anil has lived in Liverpool for six years. His wife, who returned to Jaipur, has filed for divorce in a family court there. Anil has found a lawyer in Jaipur to act for him, and the lawyer has emailed him a written reply and a Vakalatnama to sign in Australia.
Finding out that divorce proceedings have been filed against you in India, while you're living in Australia, raises a lot of questions at once. One of them is practical. How do you sign legal documents for your lawyer in India without travelling to India? In most cases, this means you must sign your documents in front of a notary public and sometimes you need an apostille. Let's discuss this in further detail.
What does your lawyer in India need you to sign in response to the divorce?
Your lawyer in India decides what you sign, how it's worded and when it must be filed in court. If you have any questions about the divorce proceedings in India, you must ask your lawyer in India. Rely on their advice and instructions.
When clients come to us in this position, their lawyer has commonly sent them:
- A Vakalatnama, the Indian authority that lets your lawyer appear for you in the court. Keep in mind it's an Indian instrument, so don't treat it as an Australian power of attorney.
- Pleadings or particulars, sometimes responding to the case and stating your legal position.
- A reply or written statement, setting out your side of the case.
- An affidavit supporting your reply, which you swear or affirm in front of our notary.
- A copy of your passport, notarised so the court can see who signed.
In many cases, the vakalatnama received from your lawyer in India will include a statement that "the contents have been read and explained" to you. This is usually a statement that would have been signed by your lawyer in India (if you had signed it in front of them). However, signing it in Australia only means we verify your identity and witness your signature. Accordingly, we will cross out these statements if they appear in your document.
We do not practise in Indian law and we do not provide advice regarding documents from India. We do not read the documents to you and we do not explain them to you either. If you want someone to read your documents to you or explain them to you, you should ask your lawyer in India.
What does our notary do with your divorce papers and legal documents?
Our notary checks your identification, makes sure you're the person named in the papers, and witnesses you sign. If there's an affidavit, you swear or affirm it first. Our notary then notarises each document.
We don't give advice on Indian divorce law, and we won't comment on what your reply says. Please read every page before your appointment and raise any questions with your lawyer beforehand.
If you are printing your documents in Australia, check with your lawyer that plain A4 is acceptable. Indian stamp paper or green legal paper is not readily available in Australia and A4 is the standard size paper used here.
Do your divorce papers and legal documents need an apostille before they go to the Indian court?
In many cases, they will. A court is exactly the kind of official recipient that's familiar with and more likely to expect an apostille. This is how documents notarised in Australia should be recognised in India, because both India and Australia are members of the Apostille Convention. Your lawyer should confirm whether this applies to the particular court.
Now and then a court office asks for attestation by the Indian High Commission or Consulate as well, or instead. We'll explain that separate process in another article.
When our notary has finished, we can take your documents to DFAT for the apostille if you need it.
What to bring to your appointment
- Every document your lawyer sent, printed usually single-sided and left unsigned. A page signed by mistake before the appointment usually has to be printed again.
- Your passport and one other form of photo identification if you have it.
- Passport-sized photographs, only if your lawyer has asked for them.
- Your lawyer's instructions on where to sign and initial.
How do you get your reply to the court in India?
Example: the solution
Anil read the papers and cleared up two questions with his lawyer before booking. At his appointment he affirmed the affidavit and signed the reply and the Vakalatnama, and our notary notarised them together with a copy of his passport. After DFAT issued the apostilles, we sent the documents by courier straight to his lawyer in Jaipur.
Responding to divorce proceedings in India? Send us the details for a quote, or chat with 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.
