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MARTINT330
MARTINT330,
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Lloyd, Sorry mistyped .. is this a free advice line, Should

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Hello Lloyd
JA: Hi. How can I help?
Customer: Sorry mistyped My name is ***** ***** this a free advice line
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Should I ask my answer now ?
JA: What steps have you taken so far?
Customer: I've applied for a solo divorce My husband is an Indian citizen.. I am a British Indian..
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need help about Indian and UK divorce procedures
Customer: replied 16 days ago.
I have applied for a solo divorce through UK divorce gov website . They accepted my application and I sent the papers over to India where my husband lives. I am a British national and he is an Indian citizen. We married in India. My question is will my divorce be recognised in India once it goes through and will I still be able to apply for maintenance/ assets afterwards .. I have no assets and his assets are all in India.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

A foreign divorce decree is recognised by Indian courts. Since you are an NRI couple married in India, foreign decrees may be held to be inapplicable in the following scenarios:

  1. It has not been pronounced by a court of competent jurisdiction.
  2. It has not been given on the merits of the case.
  3. It appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which that law is applicable.
  4. The proceedings in which the judgment was obtained are opposed to natural justice.
  5. It has been obtained by fraud.
  6. It sustains a claim founded on a breach of any law in force in India.

For your second question, there is no concept of division of assets in India. Upon divorce, the spouse is entitled to claim maintenance. Your husband must still, however, provide for/maintain you in accordance with the same status that the wife enjoyed during the marriage.

Is there anything else I can help with today?

Customer: replied 16 days ago.
I am currently living with my parents and children in UK. I am not a homeowner and I am in financial problems. What is legal aid and am I able to get any?

The court orders the husband to pay maintenance to his wife after the divorce.  In a situation where the husband fails to comply with the maintenance order and doesn’t perform his duty, the court may pass an arrest warrant against the husband in that matter. And in such noncompliances, the court may also attach the property of the husband in order to recover the amount. There are several alternatives to non-payment of maintenance by the husband, that the court may order, to make sure of the compliance of its order. 

There are additional legal remedies available. When a husband fails to pay maintenance, the wife may file for execution. If this is not followed, a non-bailable warrant may be issued in the name of the husband. His property could be attached to recover the amount if a court order is issued. When the husband fails to comply with the court's order to maintain his wife, one can also initiate criminal prosecution against him.

Customer: replied 16 days ago.
How do I get a lawyer involved in my divorce case? I'm worried about not being able to pay for the expenses

It would also be advisable to seek the assistance of a family solicitor to assist you further. To find a local solicitor within your area, you may visit the following website and use their search function: https://solicitors.lawsociety.org.uk. There are many family solicitors that specialize in this field.

Customer: replied 16 days ago.
Thank you

No problem. Thank you for your enquiry today. Please do not hesitate to contact us if you have further enquiries in the future. We are always happy to help.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

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