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Clare, Solicitor
Category: Law
Satisfied Customers: 34903
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Will an agreement by mutual consent signed in India hold in a UK cour

Customer Question

Will an agreement for divorce by mutual consent signed in India hold in a UK court of law?
I ask this because my wife and I own a joint property in London (50% each) which I am in the process of buying out from her. The papers for the transfer of ownership will not be ready before we sign the 1st decree for divorce by mutual consent.
Having said that, we are adding this detail of ownership transfer in the petition that we file in India.
I want to avoid a situation in which we sign the first decree in India and then my wife goes back on her word to transfer the 50% share of property in London.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstAre you asking if you could use the divorce to force the transfer
Customer: replied 2 years ago.
yes, because the divorce will be based on agreed terms, which will include reference to a UK based property otherwise out of purview of Indian law. So I want to know if that divorce petition will hold in a UK court, if she changes her mind.
Expert:  Clare replied 2 years ago.
The Uk will recognise the Indian divorce - but the procedure for enforcing an Indian Court Order in the Uk is not straightforward.However you woudl be able to force the sale of the property if need be and the Court would accept the evidence that an agreement had been made in India about the division of the proceeds.Please ask if you need further detailsClare
Customer: replied 2 years ago.
Thanks ClareI am not sure I understand when you say that I could force a sale of the property (me buying out wife's share at agreed price, not selling externally), but the procedure for enforcing an Indian Court Order in the UK is not straightforward.Does that mean that whilst the content of the petition we sign in India will be acceptable as evidence in UK court of law; but the court case itself may be tedious? Is that what you are saying?Thanks for clarifying.
Expert:  Clare replied 2 years ago.
I am sorry I should have been more clear.If your ex will not sign the Transfer you can use Property law to force the issue - and the existence of the Indian Divorce agreement will be good evidence as to how the property should be dealt with