This checklist assumes you are filing for divorce in England or Wales. If you are a resident of Scotland or Northern Ireland, some specific legal forms and timelines may vary.
1. Jurisdictional Grounding
Habitual Residence: Confirm you or your spouse has been habitually resident in England or Wales for at least one year immediately before the application.
Domicile: Determine if you are domiciled in the UK. Even if you live in London, your domicile might remain India if you intend to return there eventually. This affects how your global assets are treated.
Marriage Certificate: Secure your original marriage certificate. If it was issued in India and is not in English, you must provide a certified translation.
2. The Application Phase (The No-Fault Path)
The Online Application: Log into the HMCTS (His Majesty’s Courts and Tribunals Service) portal. In 2026, paper applications are rarely used.
Joint or Sole Application: Decide if you are filing jointly with your spouse or alone. A joint application is often faster and less adversarial.
20-Week Reflection Period: Mark your calendar. From the date the court issues your application, a mandatory 20-week cooling-off period begins. You cannot apply for a Conditional Order until this time has passed.
3. Financial Disclosure (Form E)
UK courts require full and frank disclosure of all assets, regardless of where they are in the world.
Indian Bank Accounts: Gather statements for the last 12 months for all NRE, NRO, and domestic Indian savings accounts.
Property Valuations: Obtain professional valuations for any property held in India.
Jewellery and Assets (Stri-dhan): Compile a list and valuation of gold and jewellery. Under 2026 UK law, these are considered matrimonial assets if they were gifted during the marriage.
Pensions and Investments: Secure valuations for UK pensions and any Indian LIC policies or Public Provident Fund (PPF) holdings.
4. Financial Remedy and Asset Division
Matrimonial vs Non-Matrimonial: Identify assets owned before the marriage or inherited. 2026 rules offer clearer protections for these, provided they have not been used for the family’s benefit.
Consent Order: If you and your spouse agree on the division, have a solicitor draft a Consent Order. Without this, your financial claims against each other remain open indefinitely, even after the divorce is finalised.
Pension Sharing Order: If applicable, ensure any UK pension sharing is explicitly detailed in your final order.
5. Child Arrangements
Child Arrangement Order: If you have children, document where they will live and how they will spend time with each parent.
Travel Consent: In 2026, ensure your order specifies the rules for taking children to India for holidays to avoid relocation disputes.
Mirror Orders: Discuss with your lawyer the necessity of a Mirror Order in an Indian court to reflect the UK custody arrangement and prevent non-return.
6. Finalising the Divorce
Conditional Order: Apply for this once the 20-week reflection period ends.
Final Order: Apply six weeks and one day after the Conditional Order is granted to officially end the marriage.
The Final Step (India): Once you have the UK Final Order, notify Indian authorities to update marital status on your passport or civil records.
