The UK or India: Where should I divorce?

Deciding to get a divorce is a difficult decision for many. For couples with international connections, the timing and location of the divorce are crucial, as they can significantly impact the division of assets and child arrangements. 

In high-net-worth (HNW) divorce cases, it is impossible to underestimate the importance of ensuring the financial settlement proceedings are decided in the jurisdiction that most benefits your position. For financially weaker spouses, that jurisdiction is almost always England and Wales. 

England and Wales vs India Divorce Laws

In India, divorce law is based on your religion and there are separate acts that govern each type of divorce. Unlike England and Wales, in India the spouses must prove the fault of the other party to be able to get a divorce, although there is a provision for mutual agreement to divorce under all the laws. 

The current legal framework in India does not adequately recognise non-financial contributions to the marriage. This means that on divorce, the court usually distributes the assets to the person to contributed to the purchase. Therefore, many Indian homemakers who non-financially contribute to the marriage and maintain the childbearing and domestic role fail to acquire any part of it after divorce.  

On the other hand, in England and Wales the courts are renowned for their recognition of non-financial contributions. The English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage. For this reason, the media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in in favour of the spouses who have chosen England and Wales to pursue their divorces in. 

Can I divorce in England and Wales as an Indian national?

Yes - HNW and UHNW Indian nationals may be able to apply for divorce in England and Wales. This is dependent on the habitual residence or domicile status of either you or your spouse.The rules around jurisdiction in England and Wales are complex, so it’s crucial to seek specialist legal advice to determine the best possible route for your situation. 

If you have a connection with a different jurisdiction, whether it is India or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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