What to Check Before Hiring a Solicitor Divorce Near Me Who Can Work with Advocates in India
Divorce is a hard time for anyone. It becomes even more confusing when you live in the UK, but your marriage is linked to India. Many Indian citizens and NRIs search for a solicitor divorce near me who can deal with both UK and Indian laws at the same time.
The right solicitor can save you stress. They can handle the UK paperwork, work with Indian lawyers, and make sure your divorce is valid in both countries. This guide will help you understand what to check before hiring one and how they can make things easier for you.
Find a Solicitor Who Understands Both UK and Indian Law
When you look for a divorce lawyer near me, pick someone who knows how both legal systems work. Many Indians get married in India but later move to the UK. In such cases, your divorce must follow both UK family law and Indian personal law like the Hindu Marriage Act or Muslim Personal Law.
A good solicitor should:
- Know how a UK divorce can be accepted in Indian courts.
- Understand how property, maintenance, and children’s matters work in both countries.
- Be able to work with Indian family lawyers or advocates.
If you own property or have family in India, your solicitor must know how to handle those while finalising your divorce in the UK.
Check If They Have Good Contacts in India
It helps if your solicitor already has connections in India. Ask if they have an India Desk or if they partner with Indian law firms in cities like Delhi, Mumbai, or Chennai.
When your UK solicitor has trusted contacts in India, things move faster and more smoothly. They can:
- File or respond to court papers in India.
- Manage child custody or property cases.
- Keep communication open between both sides.
Good teamwork between your solicitor and your Indian advocate means fewer delays and fewer mistakes.
Make Sure They Know the New Indian Law (BNS 2023)
India recently updated many of its laws. The new Bharatiya Nyaya Sanhita (BNS) 2023 replaced the old Indian Penal Code (IPC). While divorce is mainly covered under family laws, some parts of the BNS may still affect your case, especially if there are issues of cruelty or domestic violence.
For example, under the new BNS, cruelty to a spouse is listed under Section 85 (it used to be IPC Section 498A).
A solicitor who understands this can make sure your case is handled correctly in both the UK and India.
Important Case
In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court of India said that couples can get a quicker divorce if their marriage has completely broken down. This helps NRI couples who live abroad and do not want to wait years for a divorce in India.
Your solicitor can check if this ruling applies to your case and guide you accordingly.
Ask About Their Experience with Property and Finances
Many NRIs own property, have savings, or run businesses in India. These must be properly declared and divided during a divorce.
A good financial divorce lawyer should:
- Make sure all your assets in both the UK and India are listed.
- Help include Indian property in your UK financial settlement.
- Work with Indian lawyers to enforce UK court orders in India.
If your solicitor does not know how to coordinate with Indian advocates, your UK divorce order might not be valid there. This can cause more problems later, so it’s best to work with someone experienced in both systems.
Check How They Communicate
Good communication makes the whole process less stressful. Choose family solicitors near me who reply quickly and clearly. You should never feel left out or confused about what’s happening.
Ask them:
- How often will you update me on my case?
- Can I send or receive documents safely online?
- Will you contact my Indian lawyer directly?
A professional solicitor will keep you informed and make sure you understand every step before taking action.
Know the Rules for Money and Children
Divorce is not just about ending the marriage. It also affects your money, property, and children’s future.
Your solicitor should:
- Explain how maintenance and alimony work under UK law.
- Work with Indian lawyers to sort out custody or child contact matters.
- Help both parents agree on what’s best for their children.
If you are planning to remarry, your solicitor can also help prepare a prenuptial agreement to protect your assets in the future.
A Quick Checklist Before You Hire
Before you make your final choice, ask your solicitor these questions:
- Have you handled NRI or India-related divorce cases before?
- Do you have connections with Indian advocates?
- Do you understand Indian property and custody laws?
- Will my UK divorce be valid in India?
- Do you offer fixed-fee or affordable divorce services?
The right solicitor will answer clearly and show proof of their past work.
Recent Legal Updates for NRI Divorces (2024–2025)
- BNS 2023: Updated rules on cruelty and domestic offences.
- Supreme Court (Shilpa Sailesh Case): Faster divorce for NRI couples when marriage has broken down.
- Y. Narasimha Rao v. Y. Venkata Lakshmi (2024): Indian courts accept foreign divorce decrees only 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 a 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 located in India. Your UK solicitor and Indian advocate must work together to settle it.
4. Do I need a barrister?
You only need a barrister if your case goes to trial. Your solicitor will tell you if this is required.
5. How much will it cost?
A simple divorce might start around £1,000. If your case involves property or children in India, the cost will be higher.
6. Can I file for divorce without a lawyer?
You can for mutual divorces, but always confirm if it will be valid in India.
7. What if my spouse refuses to attend court?
Your solicitor can send legal papers to India through the Indian embassy or other approved channels.
Moving Forward
Divorce is never easy, but with the right solicitor, the process becomes much smoother. A solicitor divorce near me who understands both UK and Indian law can save you time, stress, and money.
With new legal updates like the Bharatiya Nyaya Sanhita (BNS) and progressive court rulings, both countries are now making things easier for NRI families.
With expert help, you can close this chapter of your life and start a new one with peace of mind and 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.
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