I am a divorced Indian citizen in USA and have grown up kids in India. I am going to get married to a non-Indian citizen in USA. She has German citizenship and will still have her German citizenship after our marriage. We plan to register the marriage in USA and Germany too. But, we haven't planned to register it in India or Indian consulate yet. I have some real estate and other financial establishments in India. In case of divorce, can she claim her rights in the establishments which are in India? I want to protect those properties and establishments for my children in India. Will a prenup made in USA between an Indian and non-Indian recognized in India? Can it be enforced it in India?

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    You need a paid-for lawyer with experience of international pre-nuptial agreements. (The answer probably depends where the divorce case is heard, and that may depend on where you are living at the time of the divorce.) Jan 15, 2019 at 15:12
  • @MartinBonner regarding "may," where I would have written "will": can you think of any circumstance in which a divorce would not be heard in the jurisdiction of the couple's residence?
    – phoog
    Jan 16, 2019 at 14:02
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    @phoog I believe that people who have enough money to have multiple houses in different countries may have a certain amount of choice. Particularly if the couple are divorcing after an informal separation, and they don't reside in the same country. Jan 16, 2019 at 15:47

1 Answer 1


Property division in a divorce is handled by the court in the jurisdiction where the divorce is granted. However, it's possible that if an Indian citizen is divorced overseas, a transfer of that citizen's property (located within India) to the divorced spouse is in some fashion limited or restricted by Indian law.

Thus, you'll need input from:

  • A lawyer or solicitor familiar with divorce and property settlement issues in India, and
  • If the divorce occurs in another country, a lawyer or solicitor familiar with divorce and property settlement in that other country.

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