Spouses in the UK can divorce by mutual consent in an Indian family court, with petitions signed in Britain and statements recorded by video where permitted. Because English divorce is on the no-fault ground of irretrievable breakdown, which the Hindu Marriage Act does not recognise, a UK decree obtained against a non-participating spouse may not be recognised in India. Where both spouses take part, recognition is far more likely.
- Document route
- UK notary public, then FCDO apostille
- Time difference
- IST is 4h30 (BST) to 5h30 (GMT) ahead
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from the UK: how it works
We advise first on where to divorce. Where both spouses agree, a section 13B petition in India gives a decree that is clearly valid in India and generally recognised in the UK. The UK spouse signs before a notary with FCDO apostille or at the High Commission, and appoints an attorney holder. Following Amardeep Singh, the court can waive the six-month waiting period where reconciliation is impossible.
If proceedings are already running in England, we coordinate so that Indian maintenance, stridhan and property issues are dealt with consistently with the English financial order. Contested Indian proceedings are slow and can generate criminal complaints, so we check the status of any FIR before you travel. Custody is decided on the child's welfare, and India is not a Hague Abduction Convention party, which matters if a child is taken to India.
What clients in the UK should know
- English financial remedy orders do not automatically bind Indian property; a consent order should be mirrored by an Indian settlement deed.
- A spouse who appears in the English proceedings is in a much weaker position to deny recognition of the UK decree in India.
- Maintenance proceedings in India can continue after a UK divorce unless resolved by agreement or court order.
Step by step from the UK
Video consultation
A call at a time that suits the UK, after we have read your documents.
Documents signed in the UK
UK notary public, then FCDO apostille
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the UK where needed.
The full guide
This page covers what changes when you are in the UK. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in the UK and the Cross-Border Family Law practice area.
Questions from clients in the UK
Is my UK divorce valid in India?
If your spouse took part or consented, it is likely to be recognised. A decree against an absent spouse on a ground unknown to Indian law is vulnerable.
Can we get an Indian divorce without flying out?
Often yes, with petitions signed in the UK and statements recorded by video where the court allows.
What about our flat in India?
Include it expressly in the settlement and register any transfer deed in India.