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](https://vardags.com/law-guide/claiming-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](https://vardags.com/law-guide/important-divorce-cases/white-v-white). 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](https://vardags.com/law-guide/claiming-jurisdiction/establishing-jurisdiction-grounds-divorce) 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.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") Vardags' team of [top international divorce lawyers](https://vardags.com/locations-we-serve/international-divorce-lawyers) delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. [Australia Desk](https://vardags.com/international/australia "Australia Desk") [Bahrain Desk](https://vardags.com/international/bahrain "Bahrain Desk") [BVI Desk](https://vardags.com/international/bvi "BVI Desk") [Belgium Desk](https://vardags.com/international/belgium "Belgium Desk") [Bermuda Desk](https://vardags.com/international/bermuda "Bermuda Desk") [Canada Desk](https://vardags.com/international/canada "Canada Desk") [Cayman Islands Desk](https://vardags.com/international/cayman-islands "Cayman Islands Desk") [China Desk](https://vardags.com/international/china "China Desk") [Dubai (UAE) Desk](https://vardags.com/international/dubai "Dubai (UAE) Desk") [France Desk](https://vardags.com/international/france "France Desk") [Germany Desk](https://vardags.com/international/germany "Germany Desk") [Gibraltar Desk](https://vardags.com/international/gibraltar "Gibraltar Desk") [Greece Desk](https://vardags.com/international/greece "Greece Desk") [Guernsey Desk](https://vardags.com/international/guernsey "Guernsey Desk") [Hong Kong Desk](https://vardags.com/international/hong-kong "Hong Kong Desk") [India Desk](https://vardags.com/international/india "India Desk") [Italy Desk](https://vardags.com/international/italy "Italy Desk") [Jersey Desk](https://vardags.com/international/jersey "Jersey Desk") [Kuwait Desk](https://vardags.com/international/kuwait "Kuwait Desk") [Republic of Ireland Desk](https://vardags.com/international/republic-of-ireland "Republic of Ireland Desk") [Liechtenstein Desk](https://vardags.com/international/liechtenstein "Liechtenstein Desk") [Luxembourg Desk](https://vardags.com/international/luxembourg "Luxembourg Desk") [Malaysia Desk](https://vardags.com/international/malaysia "Malaysia Desk") [Malta Desk](https://vardags.com/international/malta "Malta Desk") [Mauritius Desk](https://vardags.com/international/mauritius "Mauritius Desk") [Monaco Desk](https://vardags.com/international/monaco "Monaco Desk") [Netherlands Desk](https://vardags.com/international/netherlands "Netherlands Desk") [New Zealand Desk](https://vardags.com/international/new-zealand "New Zealand Desk") [Oman Desk](https://vardags.com/international/oman "Oman Desk") [Russia Desk](https://vardags.com/international/russia "Russia Desk") [United States of America Desk](https://vardags.com/international/united-states-america "United States of America Desk") [Portugal Desk](https://vardags.com/international/portugal "Portugal Desk") [Poland Desk](https://vardags.com/international/poland "Poland Desk") [Qatar Desk](https://vardags.com/international/qatar "Qatar Desk") [Saudi Arabia Desk](https://vardags.com/international/saudi-arabia "Saudi Arabia Desk") [Scotland Desk](https://vardags.com/international/scotland "Scotland Desk") [Singapore Desk](https://vardags.com/international/singapore "Singapore Desk") [South Africa Desk](https://vardags.com/international/south-africa "South Africa Desk") [Spain Desk](https://vardags.com/international/spain "Spain Desk") [Switzerland Desk](https://vardags.com/international/switzerland "Switzerland Desk") Related Guides -------------- [England & Wales or Australia: Where Should I Divorce?](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-australia "England & Wales or Australia: Where Should I Divorce?") [The UK or Russia: Where should I divorce?](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-russia "The UK or Russia: Where should I divorce?") [The UK or Singapore: Where should I divorce?](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-singapore "The UK or Singapore: Where should I divorce?") [The UK or Switzerland: Where should I divorce?](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-switzerland "The UK or Switzerland: Where should I divorce?") [Cross-Border Divorce: How UK and UAE Laws Differ for High-Net-Worth Clients](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-the-uae "Cross-Border Divorce: How UK and UAE Laws Differ for High-Net-Worth Clients") [The UK or the US: Where should I divorce?](https://vardags.com/law-guide/divorce-locations/where-should-i-divorce-uk-or-us "The UK or the US: Where should I divorce?") Glossary Reference ------------------ ### Matrimonial property Matrimonial property refers to assets and income which are created or earned during the course of the marriage. ### Spousal maintenance Payments made by the higher earning spouse to their ex-partner, after the breakdown of their marriage. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Vardags is among the most effective, efficient, and successful group of solicitors I have encountered. Cliff Krause I cannot thank Gareth, Kate, Claire and all the team at Vardags enough for their excellent expertise and professional approach to my divorce case. They have helped me reach a successful conclusion to a process to which I could... see no end. The last three years have been the most traumatic of my life. Their calm and thorough approach and attention to detail reassured me that I was in the best capable hands.They gave me realistic expectations but yet exceeded them. They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The Vardags Teams are incredible! Mariette Terrisse Hilborne Vardags provided excellent support to my case, which had a complicated international, cross-jurisdiction component. Within the team, Maria Fiorito was also excellent and very supportive, and was able to effectively liaise with... the Italian team of lawyers. I would recommend both Vardags and Maria Fiorito for your case. BR Brunello Rosa The review itself is not so much about the Firm but about a singular solicitor who I had the absolute pleasure to have as my solicitor in what I can only describe as the hardest time in my life! her name is Amie Pine. Matt Ballard I had the pleasure of working with Tatiana Amdur during a very challenging time in my life, and I cannot recommend her highly enough. From our first consultation, Tatiana displayed a remarkable blend of professionalism, empathy,... and expertise. She took the time to understand the intricacies of my case and provided clear, actionable advice that was always in my best interest. Alexandra Gutina OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)