Getting divorced, worried about jurisdiction between UK and India

[Yesitsuptome]

I'm getting divorced but my soon to be exDH has already filed for divorce in India. But we are both UK citizens and lived all our married life in the UK. Plus he, I and our DCs intend to carry on living in the UK in future. So it makes sense to me to do the divorce in the UK. I want to file the divorce here, but my lawyer is worried about jurisdiction issues since there is something already filed in India. She asked me to speak to a Barrister to get advice about that but I just can't afford it. Does anyone know if I will have a strong argument to get the divorce done in the UK instead of India and if so what that argument might be?

[MrsBertBibby]

You really need to go to specialist counsel (barrister). International jurisdiction cases are very complex. And time is of the essence.

[fuzzywuzzy]

Do everything you can to get the divorce in the U.K.

Divorces in India or any legal procedure in India can take years to even go to court and theres so much corruption and officials can be bribed you'll end up totally shafted if you don't know how to play the system.

[yesitsuptome]

Thanks Mrs and fuzzy. How do I find a good barrister who specialises in international law? Can you suggest someone? and if I do this, will I end up needing two barristers to represent me if we go to court? One for the jurisdiction and one for the actual divorce itself? Or can I get one of them to advise the other? I'm sorry to ask all these questions. I need to get all this sorted, but I have limited funds and I am trying to work out the best way to do it within my budget!

[MrsBertBibby]

www.29br.co.uk/profile/clare-renton

She can do the lot although she is pretty pricey (for good reason!) You can use someone less flash for the more regular stuff.

[Collaborate]

I'd issue here straight away and argue jurisdiction later. Brussels II won't apply, as the other country isn't EU, so I think the court will look at the connections you both have with each jurisdiction. I will be able to answer your question better on Monday from the office, but others may know the answer and post before then.

[MrsBertBibby]

I'm pretty sure that's right.

OP have you engaged with the Indian proceedings?

[yesitsuptome]

Thanks Collaborate and Mrs. I looked at the lady you suggested Mrs Bert and she looks great, though I haven't called her since it's Saturday. Without outing myself, we were not based in London during our marriage, so wondering if I should get a local lawyer? I will call her on Monday though, thanks for the tip.
Regarding the proceedings in India, an exparte was issued to my ex and hence my lawyers in India represented me and the exparte has been set aside. I then brought a custody case in India to gain custody of my children. I've currently got interim custody but my exH is challenging some aspects of it in court. Children are now in India but they want to live in UK and I am planning to bring them here as soon as I can afford it. My exH lives in the UK.

[yesitsuptome]

Also, my STBexH has my kids passports. While I've got legal custody, I'm not sure how to get the passports back. I'm wondering if I have the right to apply for new ones on my own so I can bring my kids back to the UK where they want to be.

[Collaborate]

The English court could stay the English proceedings but in deciding whether to do so would take in to account the balance of fairness. They would take in to account which jurisdiction has the "most real and substantial connection" (Thorpe LJ in Butler (Nos 1&2)).

You would need to seek legal advice in India to see what the rules there are like about granting a stay.

[yesitsuptome]

Thanks Collaborate, that's really helpful. I have copy pasted it. I actually feel we do have a more 'real and substantial connection' to the UK, but I guess that's what has to come out it court and obviously my STBexH disagrees. I've found a solicitor in my area who has experience of international divorce cases and I'm meeting her next week.
And thanks babybarrister, I looked at her profile, but I'm guessing I need someone in my area as I don't live in London...

[Harshi]

Hello,
I am in kind of similar situation.
I am french national and my to be exhusband is british. We got married in India and he filed a divorce case in India 3 years ago. Things are still not moving. I agreed to a mutual divorce but asked him to give my money back as for the whole 6 years i was married to him i systematically transferred my salary to his account (have a proof for all this). He also took with him my wedding jewells. He is not willing to talk or come to an agreement he wants to get away with my money and jewells without giving me anything. This is very unfair as i am not even asking him any alumni i just want what i earned. Because i am a foreign national and employed, indian law system can not demand him for financial settlement or support. Can someone please guide me.
@yesitsuptome did you manage to find a solution?
I was told that because my to be exH filled a divorce in India I can't file another one in the UK... is it true? things would be so much easier and straight forward if i could bring the case here but he will not agree to it.
Please help I am mentally and physically exhausted.
Thanks.

[MrsBertBibby]

Where do you and he live?

[Harshi]

I live in London and I think he does too. I haven't seen or spoken to him since he left. He only gives his parents address in India for all official communication.

[ecobee]

hi, I am in similar boat. Can you please let me know if you found a suitable solution,