For couples with connections to both England and Wales and India, where you divorce can make a significant difference.
A divorce granted in one country may not always be recognised in another, and the legal route chosen can affect financial claims, child arrangements and the overall outcome.
As part of FLiP’s International Comparative Family Law Podcast Series, which explores how different countries approach family law, David Allison is joined by Lavanya Regunathan Fischer of RFKN Legal to compare divorce law in England & Wales and India.
They discuss the key differences between the two systems, including jurisdiction, no-fault divorce, religious and secular marriage laws, financial claims, pre and post nuptial agreements and child arrangements.
One particularly interesting comparison is the position of unmarried couples. In England & Wales, there is no such thing as “common law marriage”, meaning cohabiting couples have very limited rights if they separate. In India, however, some live-in relationships may be recognised and given protections similar to marriage.
With proposed reforms to cohabitation law being considered in England & Wales, this raises an interesting question: could the law here eventually move in a similar direction?
For anyone with family, assets or legal connections across both countries, early specialist advice is essential. The country in which proceedings are started can have lasting consequences.
Listen to the full episode to hear David and Lavanya explore the practical differences between divorce in England & Wales and India, and why they matter.
