I'm I Domiciled in the UK for divorce purpose?

tshrbhag

Hi,

Me and my wife were born in India and we moved to the UK in mid 2003 via my HSMP. We stayed there for 8 years and have acquired our British nationalities. We came back to India for a little while in mid 2011 when things turned sour between us and I got stuck here with my wife and kids.

I'm planning to file for a divorce in the UK courts as the procedure in India is very cumbersome and lengthy. But I'm confused over my domicile status. I have one property in England on my name and one on joint names of myself and my wife. I always intended to come back to England which is why I rented out my properties before coming to India.

Can someone kindly clarify whether the courts would accept my divorce petition if I were to file one from India?

Thanks
T

System

Which country are you currently paying your taxes to, is it the UK inland revenue or India? I'm not an expert but I think that might have a bearing on where you are domicile (or the other way around!)

marywooyeah

If you and your wife have been living in India since 2011 you are both domiciled in India. Accordingly you would not be able to issue matrimonial proceedings in England and Wales.

trevorsminted

I'm sorry I cant answer your question but I must say for someone who is not originally from UK your written English grammar is immaculate it could put a lot of us to shame

tshrbhag

It is a little funny though. I think when it comes to inheritance tax, I'm still domiciled in England because I have a property there? Can anyone clarify this for me please?