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An Overview of High Asset Divorce in India: Protecting Your Business, Investments and Wealth

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Introduction Divorce can be emotionally challenging but when significant wealth, businesses and investments are involved the legal and financial complexities increase significantly. High asset divorces in India refer to separation cases where one or both spouses hold valuable assets like real estate, business ownership, shares, trusts, luxury assets and inherited wealth. These cases require careful planning, strategic legal guidance and a clear understanding of Indian matrimonial laws to ensure fair asset protection and division. This blog provides a comprehensive overview of high-asset divorce in India and explains how individuals can safeguard their wealth, business interests and long-term financial stability. What Is a High Asset Divorce High asset divorce typically involves couples with substantial net worth. Assets may include multiple properties, family businesses, professional practices, stock portfolios, intellectual property rights, overseas investments and high value movable...
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Divorce in India: 13 Reasons to Appeal

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Introduction Indian divorce rates were surprisingly low until 2000. Divorce was largely considered unacceptable, and breaking a marriage was considered painful. Not only for the couple, but also for their families, it was difficult, demanding, and stressful. However, the past two decades have seen a huge rise in Divorce rates, especially in urban areas. A survey conducted by Ipsos revealed that only 53% of married Indian spouses consider their relationship with their partner as their greatest source of happiness. It was found that 47% of the poll participants felt differently as a result of this. With over two decades' experience practicing Family Law and meeting more than 10,000 couples, we observed that marital issues typically arise in three major categories: Equation with In-Laws and Domestic Violence Financial and Monetary Disputes, including Dowry Infidelity (Extra-Marital Affairs) India’s pluralistic society practices numerous religions, and marriages and divorces ...
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Location: Bengaluru, Karnataka, India
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Recovery of Money – An Overview Of How To Recover Money Due

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Introduction Money recovery suits are court actions taken by an individual or business to get back money they borrowed from someone else. It is a civil lawsuit filed in a court of law seeking a monetary award for a debt owed. An action for money recovery is filed to legally enforce the repayment of a debt owed to the plaintiff. It is filed to recover a debt. It is a legal mechanism to protect the creditor's rights and to make sure that the debtor fulfils their financial obligations. This type of suit is typically commenced when the borrower fails to repay the loan, the customer fails to pay the bills, or a breach of contract results in damages. Here are four high-level steps you can take if you're looking to sue for money: Step 1: Issue a legal notice Obtaining your money begins with sending a legal notice to the person or entity from whom you wish to obtain it. There should be a clear statement of the amount owed, the reason for the debt, and a deadline for repayment. The...
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Location: Bengaluru, Karnataka, India
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How Indian Courts Handle High-Asset Divorce Cases

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Introduction A divorce is a difficult experience, but it is also extremely complex for individuals with high net worth (HNIs) in terms of legal and financial matters . Unlike ordinary matrimonial disputes, high-asset divorces are often characterized by multiple businesses, shares, trusts, investment portfolios, intellectual property, and offshore assets. A community property or automatic 50:50 asset division is not a standard practice in India. Personal law, judicial discretion, financial disclosures, and evidence of ownership and control determine the outcome rather than the outcome. In addition to examining whether assets are marital or separate, the court examines how wealth was generated, and if any attempts were made to conceal or dissipate assets. When going through a high-asset divorce, it is vital that you understand this legal framework in order to protect your assets. The Indian Law provides for the following: Indian family law empowers courts to award maintenance and pass pr...
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Location: Bengaluru, Karnataka, India
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How to Prevent Asset Loss in Indian High-Net-Worth Divorce

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Introduction Divorce for high-income individuals in India is different from ordinary separations. Apart from emotional upheaval, they face complex financial, legal, and cross-border obstacles as well. It is possible for disputes to arise over multiple companies, trusts, investment portfolios, family offices, shareholdings, real estate, offshore accounts, and intellectual property. Unlike Western countries that follow a 50:50 community property model, India does not follow this model; instead, the outcomes are determined by personal law, judicial discretion, lifestyle evidence, and documentary proof of ownership. It is not uncommon for courts to require a detailed forensic investigation to determine whether assets are marital or separate assets. Throughout this blog, we will be explaining the legal landscape, protecting strategies, emergency remedies, and judicial insights that all high-net-worth clients must know. Law: No 50:50 rule Divorce law in India does not require equal distribut...
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Location: Bengaluru, Karnataka, India
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How Alimony Differs from Maintenance in Divorce Cases

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Introduction Maintenance and alimony are often used interchangeably in family law, but they are distinct legal concepts. Both refer to financial support after a divorce or separation, but their nature and purpose are quite different. For individuals who are navigating a legal dispute or separation, understanding these differences is essential. Parties can make informed decisions and seek fair remedies when they have a clear understanding of the situation. How Is Maintenance Performed? Maintenance generally refers to monthly or periodic financial support provided by one spouse to the other during or after separation or divorce. Commonly used in countries with British legal influence, maintenance covers two types: spousal maintenance , which supports a dependent spouse, and child maintenance , which ensures the welfare and upbringing of children from the marriage. Maintenance is designed to provide continuous financial stability for essential needs such as food, housing, education, and...
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Location: Bengaluru, Karnataka, India
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When Do You Get Alimony and When Do You Get Maintenance?

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Introduction A person going through a separation or divorce must be aware of the difference between alimony and maintenance . Although the terms are often used interchangeably in many parts of the country, there are distinct meanings attached to these terms in the legal context, especially in India. Both forms of financial support aim to protect individuals from economic hardship, yet the conditions under which they are granted can be different. During a challenging time, such as going through a divorce, it is very important to not only understand when you are entitled to alimony, but also what makes maintenance different from alimony, so that you can make informed decisions. What Are Alimony and Maintenance? The two forms of financial support, alimony and maintenance, differ in terms of the timing and purpose of their implementation. Alimony is typically a one-time or periodic support given after the divorce has been finalized, whereas maintenance can be provided during the marriage, ...
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Location: Bengaluru, Karnataka, India
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