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UK citizen marrying Indian - divorce and assets (8 Posts)
Started By:
08 May, 2017 06:18PM
UK citizen marrying Indian - divorce and assets
happysingh - 08 May, 2017 06:18PM

I'm a UK citizen and I married an Indian citizen in India under the Hindu marriage act. This was in 2016.
My wife has been living in the UK on a spouse visa for almost 6 months now, however the marriage is already on the rocks.

I wanted some advise on whether it is possible to somehow secure my assets in the event of a divorce, and also in such an event what laws would apply?

A brief overview of my situation:

- I don't own any assets in India
- In UK I already owned an apartment before marriage for which I am the sole person paying the mortgage
- Before marriage, I had put down deposit on a new bigger apartment which I will legally acquire sometime this year (i.e. after marriage)
- I have used none of the funds of my wife for my properties, and I can prove that using bank statements. All income invested has been my own with some loan from my parents. All the proof is visible in the bank statements.

I would hate to see my wife get all my assets for which my family and I have worked our entire life in building in case of a divorce. Is there some way for me to secure at least part of these? For instance, could I "gift" the properties to my parents?

I would really appreciate some advice on this and would be happy to pay for (discrete) professional consultation with a solicitor who specialises in Asian divorce cases like mine.
Re: UK citizen marrying Indian - divorce and assets
Andyk - 08 May, 2017 07:56PM
Short marriage so generally you take out what your came in with, you would probably have to pay your wife something though to get her to go quietly, how much depends on what you can agree between you. If your marriage has broken down and your wife is in the country by virtue of your marriage then you should I form the Home Office, you should also be careful that she doesn't bring a fabricated domestic violence charge against you as I believe that is common so the spouse does not have to leave the country.
Re: UK citizen marrying Indian - divorce and assets
davidterry - 09 May, 2017 09:48AM
>>could I "gift" the properties to my parents?

No solicitor should give you advice intended to circumvent the jurisdiction of the divorce courts. That is because all solicitors are officers of the court who owe a duty to the court which takes priority over their duty to their client.

There is something else worth mentioning here which is that you have chosen to marry a foreign national and to bring her to England upon the basis that she is your wife. If you are now to divorce her I suspect she would be seriously prejudiced. Therefore I do not think this is a case where you each take out what you put in. You will undoubtedly have financial obligations towards your (ex) wife.
Re: UK citizen marrying Indian - divorce and assets
happysingh - 09 May, 2017 05:40PM
Thanks All.

I would be happy to pay her a fair sum for settlement, however my main concern is over my assets which I do not want to hand over. As for the divorce, it is her who has suggested this on a few occassions, not me and I'm just trying to assess the "damage" it would do.
Re: UK citizen marrying Indian - divorce and assets
Lishacool - 25 May, 2017 05:41AM
Get in touch with Dr Muna web

Oh, another 'Dr' of nonsense. Funny how these charlatans are never plain 'Mr' isn't it?

Edited 1 time(s). Last edit at 25/05/2017 09:15AM by davidterry.
Re: UK citizen marrying Indian - divorce and assets
Mike78 - 27 June, 2017 08:39AM
Hi davidterry,

Do you mean he can't even sell the property/ assets or gift to parents. Considering the fact that parents may alos helped with deposit.

Re: UK citizen marrying Indian - divorce and assets
tyler74 - 27 June, 2017 05:43PM
Have you filed for a divorce yet? you need to get a legal divorce in India - that may not put a hard stop on the proceedings in the UK but will seriously change the balance in your favor. The divorce in India should follow UK legal practices as close as possible so your wife/her lawyer do not have a ground to argue
Also you should find a solicitor specializing in international divorce
Re: UK citizen marrying Indian - divorce and assets
davidterry - 28 June, 2017 02:18PM
>>Do you mean he can't even sell the property/ assets or gift to parents.

Yes, if his wife has registered a matrimonial homes act notice against the property (as she would normally be advised to do). Even if he did do this and his wife had not registered such a notice a court has the power to undo such a transaction.
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