Divorce Between the UK and India: How a Solicitor Divorce Near Me Can Help
Divorce is tough for anyone. It gets even more confusing when your life is in the UK, but your marriage is connected to India. Many Indian citizens and NRIs search for a divorce solicitor near me who can handle both UK and Indian laws at the same time.
The right solicitor can take a lot of stress off your shoulders. They can deal with the UK paperwork, talk to Indian lawyers, and make sure your divorce counts in both countries. This guide explains what to look for when choosing one and how they can make things easier for you.
Find a Solicitor Who Knows Both UK and Indian Law
When you search for a divorce lawyer near me, choose someone who understands how both countries’ laws work. Many Indians get married in India and later move to the UK. In such cases, your divorce needs to follow both UK family law and Indian personal law, like the Hindu Marriage Act or Muslim Personal Law.
A good solicitor should:
- Know how to make your UK divorce valid in Indian courts.
- Understand how property, maintenance, and child matters work in both countries.
- Be able to work closely with Indian family lawyers.
If you have property or family in India, your solicitor should know how to manage those matters while finalising your divorce in the UK.
Check If They Have Good Links in India
It helps if your solicitor already works with lawyers in India. Ask if they have an “India Desk” or if they partner with law firms in places like Delhi, Mumbai, or Chennai.
If your UK solicitor has reliable contacts in India, everything runs more smoothly. They can:
- Send or reply to court papers in India.
- Help with child custody or property cases.
- Keep both sides in touch.
Good teamwork between your UK solicitor and your Indian advocate means fewer delays and fewer mistakes.
Make Sure They Know the New Indian Laws (BNS 2023)
India recently changed many of its laws. The new Bharatiya Nyaya Sanhita (BNS) 2023 replaced the old Indian Penal Code (IPC). While divorce mainly falls under family law, some parts of the BNS still matter, especially in cases of cruelty or domestic abuse.
For example, cruelty to a spouse now comes under Section 85 (it used to be IPC Section 498A).
A solicitor who understands this new law can handle your case properly in both the UK and India.
Important Court Ruling
In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court of India said that couples could get a faster divorce if their marriage has completely broken down. This helps NRI couples living abroad who don’t want to wait for years for a divorce in India.
Your solicitor can check if this rule fits your situation and guide you through it.
Ask About Their Experience with Money and Property
Many NRIs have property, savings, or businesses in India. These must be declared and fairly divided during a divorce.
A good financial divorce lawyer should:
- List all your assets in both the UK and India.
- Include Indian property in your UK financial settlement.
- Work with Indian lawyers to enforce UK court orders in India.
If your solicitor doesn’t know how to coordinate with Indian advocates, your UK divorce may not be valid in India. This can cause more trouble later, so it’s best to hire someone who knows both systems well.
Check How They Communicate
Good communication makes everything easier. Pick family solicitors near me who reply clearly and quickly. You should always understand what’s happening in your case.
Ask them:
- How often will you update me?
- Can I send and receive documents online?
- Will you talk directly with my Indian lawyer?
A professional solicitor keeps you informed and checks that you understand every step before moving forward.
Know the Rules for Money and Children
Divorce isn’t only about ending a marriage. It also affects your finances, property, and children’s future.
Your solicitor should:
- Explain how maintenance and alimony work in the UK.
- Work with Indian lawyers for custody or child contact issues.
- Help both parents agree on what’s best for their children.
If you plan to remarry, your solicitor can also prepare a prenuptial agreement to protect your assets.
Quick Checklist Before You Hire
Before choosing a solicitor, ask these questions:
- Have you handled India-related or NRI divorce cases before?
- Do you work with Indian advocates?
- Do you understand Indian property and custody laws?
- Will my UK divorce be accepted in India?
- Do you offer fixed-fee or affordable services?
A good solicitor will answer clearly and show proof of their past experience.
Recent Legal Updates (2024–2025)
- BNS 2023: Updated rules on cruelty and domestic offences.
- Supreme Court (Shilpa Sailesh Case): Quicker divorce for NRI couples.
- Y. Narasimha Rao v. Y. Venkata Lakshmi (2024): Indian courts will only accept foreign divorce decrees if the foreign court had proper authority.
FAQs
1. Can I get divorced in the UK if I was married in India?
Yes. If you or your spouse live in the UK, you can apply for divorce under UK law.
2. Will my UK divorce count in India?
Not always. It must be recognised by an Indian court under Section 13 of the Civil Procedure Code.
3. What happens to my property in India?
Indian courts handle property in India. Your UK solicitor and Indian advocate should work together to settle it.
4. Do I need a barrister?
Only if your case goes to trial. Your solicitor will let you know if it’s needed.
5. How much will it cost?
A simple divorce may start at around £1,000. Cases involving property or children in India will cost more.
6. Can I file for divorce without a lawyer?
Yes, for mutual divorces. But always check if it will be valid in India.
7. What if my spouse doesn’t go to court?
Your solicitor can send legal papers to India through the Indian embassy or approved channels.
Moving Forward
Divorce is never easy, but the right solicitor can make it smoother. A divorce solicitor near me who understands both UK and Indian law can save you time, stress, and money.
With new laws like the Bharatiya Nyaya Sanhita (BNS) and recent court rulings, it’s becoming simpler for NRI families to move on.
With expert help, you can close this chapter peacefully and start a new life with confidence.
About LawCrust
LawCrust Legal Consulting, part of LawCrust Global Consulting Ltd., is a top law firm helping NRI clients with cross-border legal issues.
We specialise in:
- Divorce and Family Law
- International Legal Consulting
- Litigation Finance and Management
With more than 50 offices in India and over 70 expert lawyers, LawCrust gives complete support for complex international cases.
LawCrust Group also includes LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, Gensact, LawCrust Foundation, and LawCrust Consumer Products.