The number of Indian nationals living in England and Wales has grown significantly over recent decades. Many have built lives there, married there, and raised children there. But when a marriage breaks down, the legal picture can become more complicated than it is for those with ties to a single country.

If you are an Indian national living in the UK and facing separation or divorce, you may have property in India, family expectations back home, and children who have connections to both countries. Understanding how the law works, and where it applies, can help you make more informed decisions at a difficult time.

Where Can You File for Divorce?

In England and Wales, the courts can grant a divorce if at least one of the following applies:

• You or your spouse are habitually resident in England and Wales
• You or your spouse were last habitually resident here and one of you still lives here
• You or your spouse are domiciled in England and Wales

In most cases, if you have been living in the UK for a reasonable period, you will be able to file for divorce here under the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce from April 2022.

It can also be possible to file for divorce in India at the same time. However, parallel proceedings in two countries can create significant legal complications. It may be worth speaking to a solicitor with experience in cross-border family law before making that decision.

Will a UK Divorce Be Recognised in India?

This is one of the most common concerns for Indian expats.

Under Indian private international law, a foreign divorce can be recognised if both parties were domiciled in the country that granted it. However, India does not automatically recognise a UK divorce where one party is an Indian national domiciled in India.

The Supreme Court of India addressed related issues in Y Narasimha Rao v Y Venkata Lakshmi [1991], noting that foreign divorces granted without proper jurisdiction over both parties may not be binding in India.

What this means in practice is that your UK divorce may not be fully effective under Indian law unless both parties were habitually resident or domiciled there. If you plan to remarry in India or have property matters to resolve there, it may be worth seeking separate legal advice in India as well.

Financial Settlements Across Borders

Dividing finances when assets exist in two countries adds a layer of complexity.

Courts in England and Wales can make financial orders covering assets anywhere in the world. However, enforcing those orders in India is a separate matter. India does not automatically enforce foreign court orders, and you may need to pursue separate proceedings there.

If you own property in India, whether jointly with your spouse or separately inherited, its treatment can vary. Courts here will consider it as part of the overall financial picture, but realising its value or transferring it may require action through the Indian courts.

Inherited property, family land, or gold and jewellery held in India are points of dispute. It can be helpful to get advice early about how these assets might be treated in both jurisdictions, rather than waiting until a final order is made.

Child Arrangements and International Relocation

Child arrangements can be one of the most emotionally charged aspects of any separation. When extended family is in India and one parent wants to relocate, the situation can become particularly difficult.

In England and Wales, courts make decisions about children based on the child’s welfare as the primary consideration, under the Children Act 1989.

If a parent wants to take a child to live permanently in India, they would ordinarily need either the written agreement of the other parent or permission from the court. This is known as a leave to relocate application. Courts take these applications seriously and will look carefully at the impact on the child’s relationship with the remaining parent.

Where there is no agreement about where a child should live or how much time they should spend with each parent, either party can apply to the court for a Child Arrangements Order.

When a C100 Form Is Required

If you need to apply to the court for a Child Arrangements Order, a Prohibited Steps Order, or a Specific Issue Order, you will need to complete a C100 Form.

Before making that application, you are generally required to attend a Mediation Information and Assessment Meeting, known as a MIAM. There are exemptions, for example in cases involving domestic abuse or urgency, but in most situations the MIAM is a required first step.

The MIAM gives both parties the chance to learn about mediation and other alternatives before going to court.

Court proceedings can be costly, slow, and damaging to relationships, particularly where children are involved. Family mediation offers a way to work through disagreements with the help of an impartial, trained mediator.

Mediation can cover financial arrangements, property, and child-related decisions. It does not replace legal advice, but it can help couples reach their own agreements in a less adversarial way.

For Indian families in particular, where there may be pressure from extended family or concerns about how a divorce will be perceived back home, having a confidential, private space to discuss options can be genuinely helpful.

Cultural Considerations

Divorce can carry a different social weight within many Indian communities. There can be pressure to stay in a marriage, or to handle matters privately. Some families prefer informal arrangements over formal legal proceedings.

While those feelings are understandable, informal arrangements are not legally binding. If you agree informally that your spouse will keep the property in India or that children will spend holidays there, that agreement has no legal standing unless it is formalised through the courts or recorded in a consent order.

It can also be worth knowing that English family law is not influenced by religious marriage. A nikah, anand karaj, or Hindu religious ceremony conducted outside the UK may not be recognised as a legal marriage here. This has implications for what financial claims are available to you.

Key Points to Take Away

Here is a brief summary of the practical points covered in this article:

• You can usually file for divorce in England and Wales if you are habitually resident here
• A UK divorce may not be automatically recognised in India, depending on your domicile
• Financial orders from UK courts can cover overseas assets, but enforcement in India is a separate step
• You will need to attend a MIAM before applying to court for a Child Arrangements Order in most cases
• Informal agreements about children or finances are not legally binding
• Mediation can be a useful option before, or instead of, court proceedings
• Getting separate legal advice in India is worth considering if you have assets or family ties there

Cross-border divorce is rarely straightforward. But understanding the general legal framework in both countries can help you ask the right questions and make better-informed decisions at a time when that matters most.

This article is for general information purposes only and does not constitute legal advice. If you are facing separation or divorce, it is advisable to speak to a qualified family solicitor.