FLiP 37 - Should I Divorce in England & Wales or India? Comparing Divorce Laws and Financial Remedies

In this episode, David Allison is joined by Lavanya Regunathan Fischer to compare divorce and financial claims in England and Wales with the system in India. The discussion focuses on issues relevant to individuals with connections to both jurisdictions.

Looking at both jurisdictions, they cover:

• Jurisdiction for divorce
• Grounds for divorce and the concept of "irretrievable breakdown" of the marriage
• Religious vs secular marriage systems in India
• Financial claims on divorce
• Pre- and post-nuptial agreements
• Child arrangements 
• Claims available to non-married couples * see disclaimer at the bottom of these notes
• Key differences between England and Wales and India

 About the speakers:

David Allison is a highly regarded family lawyer and accredited mediator. The focus of his practice is financial claims on divorce, particularly those involving jurisdiction disputes, international asset structures, and families with connections to multiple countries. He works closely with overseas lawyers and professionals to coordinate strategies that protect individual's interests while maintaining a constructive, solutions-focused approach.

Known for his calm and thoughtful style, David combines technical precision with a deep understanding of the human context behind each matter he deals with. He supports people through challenging transitions with clear guidance, helping them move forward with stability and confidence.

David is a member of both the International Academy of Family Lawyers, where he is chair of the Gender Identity and Sexuality Committee and Secretary to the Executive Committee, and the UK & Ireland LGBT Family Law Institute. 

Lavanya Regunathan Fischer began her law practice in 1998, working at J.B. Dadachanji & Co. in New Delhi, then worked for GE Capital in India & USA and eventually for the Solicitor General of India. After relocating to Heidelberg (2003) and then London (2005), she reinvented her practice at the intersection between India and European legal systems. Ever since, Lavanya has been advising on Indian law internationally. Her LLB degree is from the University of Delhi (1998) and her LLM is from the LSE (2006). Lavanya is a member of the Indian Supreme Court Bar Association and her legal scholarship (child custody, guardianship, surrogacy arrangements, migration law and citizenship) has been published in peer-reviewed journals, as book chapters and in newspapers.

** Disclaimers:

• At the time of recording this podcast the proposed reform in England & Wales affecting how finances are divided when relationships end for non married couples had not been announced. To understand more about the consultation, it can be accessed online here:  https://www.gov.uk/government/consultations/a-fairer-end-to-relationships 
• For clarity, the Special Marriage Act, 1954 which is commonly used by interfaith couples and others seeking a civil marriage, requires a 30-day notice period before a marriage can be solemnised. While this notice process may alert family members or others to the intended marriage and create opportunities for interference, any objections raised must be based on legally recognised grounds under the Act. Familial, social, or community disapproval, by itself, is not a veto over the decision of two consenting adults to marry.
• India does not presently have a matrimonial property regime under which assets are pooled and divided upon divorce. Questions relating to HUF (Hindu Undivided Family) property, inherited property, and self-acquired property continue to be governed by their respective legal principles, and ownership ordinarily remains with the title holder or person legally entitled to the asset. The point being made here relates primarily to the manner in which courts may consider a spouse's financial resources and access to assets while determining maintenance and other financial relief, rather than suggesting a direct redistribution of ownership in such property.