How Indian Courts Handle High-Asset Divorce Cases
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...