A Strategic Guide to Contested Divorce for High-Net-Worth Individuals in India

Navigating a divorce is never simple. When significant assets, business interests, and a high standard of living are involved, the process becomes exponentially more
complex. For High-Net-Worth Individuals (HNWIs) in India, a contested divorce is not just a personal challenge—it is a critical financial event that demands meticulous
planning and expert legal strategy. This guide provides a clear overview of the key considerations and the path forward.

Understanding the \’Contested\’ in Contested Divorce

A divorce is \”contested\” when spouses cannot agree on one or more fundamental issues. In high-value cases, these disputes typically revolve around:

• The Division of Assets: Fair and equitable distribution of property, investments, and business shares.
• Alimony / Spousal Maintenance: The amount and duration of financial support for one spouse.
• Child Custody & Support: Arrangements for children, often including substantial financial support for their upbringing and education.

Unlike a mutual consent divorce, a contested divorce requires intervention from the court to adjudicate these matters based on specific legal grounds.

Grounds for a Contested Divorce in India

A petition for a contested divorce must be filed under one of the grounds recognized by Indian law (e.g., under the Hindu Marriage Act, 1955). The most common grounds
include:

• Cruelty: This can be physical or, more commonly in high-net-worth cases, mental cruelty that makes cohabitation impossible.
• Adultery: While a criminal offense has been decriminalized, it remains a valid ground for divorce.
• Desertion: One spouse abandoning the other for a continuous period of at least two years.
• Conversion to another religion.
• Incurable Mental Disorder of a nature that makes a normal marital life impossible.

The Strategic Importance of Asset Valuation

This is the cornerstone of any high-net-worth divorce proceeding. A simple list of assets is not enough. A comprehensive and strategic valuation is essential, often
requiring a team of experts.

What Needs to be Valued?

• Business Interests: Valuation of private companies, partnerships, and shareholdings. This often requires forensic accountants to determine the true
  value and liquidity.
• Real Estate: Both residential and commercial properties, including those held in complex ownership structures.
• Investments: Stock portfolios, mutual funds, bonds, and private equity.
• International Assets: Properties and investments held overseas, which add a layer of jurisdictional complexity.
• Intangible Assets: Brand value, intellectual property, and stock options.

Determining Alimony and Spousal Maintenance

The court\’s goal is to ensure that the financially dependent spouse can maintain a standard of living comparable to that enjoyed during the marriage. There is no fixed
formula, and the court considers several factors:

• The income, earning capacity, and assets of both spouses.
• The reasonable needs of each spouse.
• The duration of the marriage.
• The age and health of the parties.
• The contributions (financial and non-financial) made by each spouse to the marriage.

Child Custody and Support in High-Value Cases

While the \”best interest of the child\” remains the guiding principle, financial considerations are significant. Child support in high-net-worth cases often goes beyond
basic needs to include expenses for:

• Private school and international university education.
• Extracurricular activities and specialized coaching.
• Travel and lifestyle expenses.

Crafting a detailed and enforceable parenting plan and financial agreement is crucial to avoid future conflicts.

The Legal Process: A Marathon, Not a Sprint

A contested divorce is a lengthy process involving multiple stages:

1. Filing the Petition: One spouse files a detailed divorce petition.
2. Summons & Response: The court serves a summons to the other spouse, who then files a formal response.
3. Mediation (Optional but Encouraged): The court may refer the case to mediation to attempt a settlement.
4. Evidence & Discovery: Both sides present evidence, including financial documents, witness statements, and expert reports.
5. Trial & Arguments: The lawyers present their cases before the judge.
6. Judgment & Decree: The court issues a final judgment, which can be appealed in a higher court.

Why You Need an Expert Legal Team

Navigating a high-net-worth divorce requires more than just a lawyer. It requires a strategist. At LawAired, we build a team around your case, collaborating with forensic
accountants, valuers, and counselors to build a robust strategy. We focus on protecting your assets, ensuring your rights are upheld, and finding the most efficient path to a
favorable resolution.

If you are facing a complex divorce, do not wait. Contact Vishu Kushwaha at LawAired for a confidential consultation to understand your rights and strategize your
next steps.