Cultural considerations in divorce: A guide for Indian Hindus in the UK

Indian Hindu weddings are a time for celebration, but before the festivities begin, it's natural for questions to arise, such as how marriage ceremonies are recognised under UK law, or what legal stance the UK takes on dowry and shared family assets.

These matters can become particularly complex when cultural traditions intertwine with both UK and Indian laws.

At K J Smith Solicitors, Shreya Kallingal uses her expertise in both family law systems to help couples navigate these challenges. Shreya holds a dual qualification (in that she is recognised as a solicitor both in India and the UK) and she understands the important considerations for Indian Hindu couples entering into marriage, as well as the common concerns faced during separation and divorce.

In this special guide, we address key questions to help you approach your future with greater clarity and confidence.

Introduction

Among married Indian Hindus living in the UK, the way that their marriage ceremony was conducted can vary significantly. Some may have married in India, others in the UK, and many will have marked the occasion with a combination of civil, religious and traditional celebrations in both countries.

In the unfortunate event that your marriage comes to an end, understanding how your union is viewed under UK law becomes a crucial first step.

This is especially important if your ceremony took place overseas or followed traditional customs. The legal recognition of your marriage can significantly affect the divorce process, including matters related to jurisdiction, financial settlements and child arrangements. Therefore, it's essential to inform your family law solicitor about how and where your marriage took place, so they have all the necessary details to provide accurate advice and support.

Is a Hindu marriage in India recognised in the UK?

The short answer is yes – but only under certain conditions.

For a Hindu marriage officially carried out in India to be legally recognised in the UK, the marriage must have been conducted in accordance with – and be valid under - Indian law, typically the Hindu Marriage Act 1955. If these requirements are met, the marriage is usually accepted as legally valid.

However, if you only took part in a Hindu ceremony in the UK, without it being registered as a marriage under UK civil laws, you may not be considered legally married, meaning UK divorce laws may not apply.

If you’re uncertain of the validity of your marriage, it’s advisable to seek guidance from a family law specialist who understands the law in both jurisdictions.

Can I divorce in the UK if I was married in India?

Yes – you don’t need to return to India to get divorced, even if you married there.

If the marriage is legally recognised, the UK courts can handle your divorce. as long as:

● either party has their permanent home (is 'domiciled') or usually lives (is 'habitually resident') in the UK

● the marriage was legally valid under the law of the country where it took place

One of the earliest and most important decisions to make is where to initiate divorce proceedings. If one spouse wishes to divorce in India and the other in the UK, determining the appropriate jurisdiction becomes crucial.

This decision significantly impacts the legal process and outcomes. Therefore, seeking early legal advice is essential to address these matters and ensure that your rights and interests are protected from the outset.

What are the pros and cons of divorcing in the UK vs India?

While both the UK and India recognise divorce, the legal frameworks, processes and implications differ significantly.

For the purpose of these questions, we will focus on the laws applicable in England & Wales. (Whilst underlying principles are similar, UK divorce laws, processes and costs differ between England & Wales and Scotland or Northern Ireland).

Divorcing in England & Wales

In England and Wales, divorce is governed by the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce in 2022. This means you no longer need to blame your spouse or provide evidence of wrongdoing. Simply stating that your marriage has “irretrievably broken down” is sufficient.

There are some key advantages to divorcing in England & Wales rather than in India:

1. The process is simplified, streamlined and predictable, including a mandatory 20-week reflection period before applying for a Final Order.

2. Your divorce cannot be contested, which can help to reduce conflict and make your divorce quicker and less expensive.

3. Courts in England and Wales have robust powers to identify and divide your assets fairly – even when they span international borders. This starts with a presumption that assets acquired during the marriage should be shared fairly, often beginning with a 50/50 split.

However, the courts have wide discretion to adjust this, based on:

○ each party’s financial and non-financial contributions

○ the needs of any children

○ any other relevant factors

The Hindu Marriage Act in India does not recognise the concept of "matrimonial property" and instead treats assets as belonging to the individual who is named as the legal owner.

When it comes to costs, both court fees and solicitor costs may be more expensive here than in India. The fee for issuing a divorce petition in England & Wales is £593 (at time of writing – May 2025). Solicitor fees vary based on the complexity of your case. If there are disputes over finances or children, costs may increase and the process will also take longer to resolve.

Hindu divorce in India

Under the Hindu Marriage Act 1955, divorce can be sought either through mutual consent or on fault-based grounds, such as:

● cruelty

● desertion

● adultery

You should be aware that reconciliation is encouraged in India and courts can initially direct couples to counselling or mediation.

(In the UK too, courts will want – in most cases – to see that you have already tried mediation or another form of Alternative Dispute Resolution, such as arbitration or collaborative divorce, rather than resorting to court ‘straightaway’. However this would not apply if there has been abuse or violence.)

Divorcing in India may still offer couples advantages, such as lower upfront costs and a legal framework that feels more culturally familiar. It's essential to consider these factors alongside the potential outcomes of financial settlements in both countries.

In India, your divorce can be contested. If your spouse refuses to cooperate, the process may be significantly delayed and become more costly.

Asset division under the Hindu Marriage Act can be less predictable and outcomes may vary significantly, particularly for non-earning spouses or women. Without the statutory concept of "matrimonial property", each spouse generally retains ownership of property in their own name. There’s no automatic entitlement to a share of assets acquired during the marriage.

While courts may consider financial and non-financial contributions, the needs of children and the economic status of each spouse, there is no standard formula for dividing property. This can lead to inconsistent outcomes and, in some cases, be much less favourable to spouses who haven’t contributed financially – usually women. This can feel very unpredictable and potentially quite unfair.

Your key considerations

Deciding where to divorce depends on several factors, including where you and your spouse live, where your assets are located, and how willing you both are to cooperate. Ask your solicitor about Mediation, which can reduce conflict and offer a less adversarial approach to divorce.

Make sure you think about any potential:

● child arrangements

● travel costs

● financial outcomes (both best and worst case scenarios)

If you divorce in India, you must also consider whether your foreign decree will be recognised in the UK: overseas divorces are only recognised in the UK if obtained through mutual consent or in line with specific procedural and jurisdictional requirements.

For all of these reasons, it’s imperative that the solicitor you choose understands both legal systems. That way, they will be able to help you choose the route that offers the clearest and fairest outcome. In addition to questions about jurisdiction, they can help answer other important considerations that may arise.

Let’s look at some of those too.

What happens if I'm on a spousal visa?

If you’re in the UK on a spousal visa, it’s crucial to consult a solicitor to understand the potential impact of divorce on your immigration status. If you've been in the UK for a certain number of years (usually five), you may be eligible to apply for Indefinite Leave to Remain (ILR) even if you’re divorcing. This allows you to stay in the UK without the need for further visa renewals. If you’re not yet eligible for ILR and are divorcing, you may need to switch to another visa category.

In some situations, if you have children or if circumstances allow, you may be able to apply for a visa based on your human rights. This may allow you to remain in the UK independently of your spouse.

Whatever your situation, find a solicitor familiar with both UK family law and immigration law to understand how your divorce might impact your long-term residency or visa options.

Will courts in England & Wales consider overseas property?

Yes – the courts will consider all overseas property, including ancestral homes or inherited land in India. In deciding upon the division of marital assets, the couple must disclose all financial assets. If the property is deemed a marital asset, it will be taken into account during the financial settlement, regardless of who legally owns it.

This applies to property:

● jointly purchased during the marriage

● owned by one spouse but improved or funded jointly

● inherited but used as a family resource

Valuing overseas property can be complex and usually requires local expertise, which is another reason why dual-qualified legal support is particularly helpful. Where significant wealth is involved, such as business and overseas property interests, your case may be considered a High Net Worth Divorce. To ensure transparency and fairness specialist support is crucial. You can find out more in our article “What you should know about High Net Worth Divorce”.

How are dowry, jewellery and cultural assets treated in divorce in England & Wales?

The giving of a dowry is a custom found in a variety of religious and cultural contexts. It generally involves the bride's family providing goods, money or property to the groom's family as part of the marriage arrangement.

While the cultural practice is not legally recognised in the UK, when it comes to divorce, the assets involved can be extremely valuable and will form part of the financial settlement if they were acquired during the marriage, or given in connection with it.

During divorce, conflicts over dowry-related assets can arise. For example:

● jewellery given at the wedding by the bride’s family may be seen as a personal gift to the bride, unless there’s evidence it was treated as family property

● substantial cash payments made by family as a wedding contribution might be seen as a joint marital fund, especially if they are used to buy household items

● a car given by the bride’s family but then used exclusively by the groom might prompt debate over its ownership

Disputes like these can be emotionally charged and legally complex, especially without clear records or agreements. Therefore, proving ownership is what matters.

How can I prove dowry assets?

If your dowry items are in dispute, any evidence you can produce will be crucial. You can use:

● photos or video footage of the wedding showing the exchange of gifts

● receipts for jewellery, appliances or large cash gifts

● witness statements from relatives or family friends

● messages or emails referencing specific gifts

What happens once dowry items are proven?

Once the court is satisfied that certain dowry items existed and are of value, it will consider whether or not the assets were:

● personal gifts (and should be retained by the recipient)

● used jointly (and therefore part of the marital asset ‘pool’)

● retained unfairly by one party

To achieve a fair split of the marital assets, the court may:

● consider whether assets have been sold or hidden

● ask one party to return items of value

● offset the value in the overall financial settlement – if one spouse keeps certain items, their value can be balanced against other assets (such as savings or property) to ensure a fair division overall

Are Prenuptial Agreements valid in the UK?

Prenuptial Agreements (often referred to as ‘prenups’) are not automatically binding in the UK – but are increasingly given weight by the courts if they’re fair and properly drafted. They are formal, written contracts made between two people before they marry and they set out how the assets, debts and other financial matters will be handled during the marriage and in the event of a divorce.

If you have already signed a prenup in India, your solicitor will need to assess whether it meets the UK criteria, such as:

● both parties having received independent legal advice

● full disclosure of all assets

● the agreement being made well in advance of the wedding (not at the last minute)

If you happen to be reading this blog before you get married, speak to a family law solicitor about whether a prenup could be beneficial. They can also be particularly helpful for second marriages, where protecting assets or inheritance may be of concern.

What if I’m facing dowry-related abuse?

Dowry-related abuse arises when cultural expectations around the dowry are misused or exploited to exert control, inflict harm or demand financial gain.

While a dowry itself may be viewed by some as a traditional gesture, abuse occurs when it becomes a source of pressure, coercion or violence within a marriage. This can manifest itself in several ways, including:

● pressure or coercion for dowry payments before or during marriage

● emotional or physical abuse

● threats for failing to meet dowry demands

● withholding personal belongings, such as jewellery or heirlooms

Under UK law, the Domestic Abuse Act 2021 recognises economic abuse, which would cover dowry-related abuse thereby offering protection to victims in England & Wales. Provided jurisdictional requirements are met, it is possible to initiate criminal proceedings in India for compensation and recovery of dowry.

Help and support

If you think you are suffering any type of abuse, please reach out for support:

● if you’re in immediate danger, call the police by dialling 999

● The National Domestic Abuse Helpline (0808 2000 247) provides a wide range of advice and support

● a family law solicitor can help you explore your options. If necessary they can assist in an application for a Non-molestation Order or an Occupation Order (to help you stay in the family home)

Together the Asian Women’s Resource Centre and Standing Together Against Domestic Abuse raise awareness about violence and harmful practices against women in the UK. You can read more about dowry-related abuse in their Coaction Hub Report.

Conclusion

Divorce in the context of Indian Hindu marriage in the UK can involve complex legal and cultural issues. Understanding the law, particularly in relation to the treatment of assets in each jurisdiction, is crucial to obtaining the best outcome.

Shreya Kallingal’s professional interests include these multi-jurisdictional matters, cases with overseas assets and complex relocation issues. Shreya also has a deep understanding of the impact of domestic abuse on the resolution of both financial matters and child arrangements. Her dual qualification and vast experience in both legal systems are invaluable.

Whatever your personal situation, K J Smith Solicitors offer clear, empathetic advice to help you understand the intricacies of your situation. Whether it’s protecting your assets in a divorce, dealing with dowry-related issues, or putting a prenuptial agreement in place to help avoid future disputes – we’re here to help.

To get you started, you can book a free 45-minute consultation with Shreya, or another member of our supportive team. With a legal partner who understands the law and your cultural values, you’ll be empowered to manage your interests and embrace the future with confidence.