Alternatives include mediation for financial and custody issues, cross-border arbitration for asset division, and collaborative law where both parties work with lawyers for mutually agreeable solutions without litigation.
FAQ Category: Services
Is the decree be recognised internationally?
Divorce decrees usually receive broader international recognition. Some countries do not recognise judicial separation orders issued by Indian courts, which creates complications for maintaining legal status abroad.
Are there any tax implications for NRIs?
Yes. With legal separation, joint tax return can still be possible. Divorce usually requires separate archiving and can trigger capital gains under real estate departments. Consider tax results in both India and the country stay.
Which option is better for children?
Depending on the situation, the child’s age plays a role here. Young children may value the stability that comes with legal separation, and teenagers can get the clarity associated with divorce. In both cases, custody is arranged by the court.
What happens to property rights?
In judicial separation, both spouses retain property rights, but the court may regulate possession. In divorce, there’s detailed property distribution, which for NRIs may involve assets across multiple countries.
How do maintenance obligations differ between the two?
In judicial separation, maintenance continues as the marriage exists. In divorce, maintenance is typically settled as permanent alimony or lump-sum payment with more finality.
What are the grounds for judicial separation and divorce for NRIs?
Common grounds include cruelty, desertion, adultery, conversion to another religion, mental disorder, communicable disease, and renunciation of the world. Specific grounds vary as they are based on applicable personal law (Hindu, Christian, Parsi, or Muslim).
Where should NRIs file – in India or their country of residence?
NRIs can file in either jurisdiction. Indian courts have jurisdiction if the marriage was in India, either spouse was domiciled in India at marriage, or both currently reside in India. Filing in India may be cheaper but enforcement abroad can be difficult.
Can a spouse remarry after obtaining judicial separation?
No party can remarry after judicial separation as they remain legally married. Only divorce allows remarriage.