Divorce and Foreign Court Valuation

Why an ordinary valuation is not enough

A report written for a bank will usually fail in a foreign family court. The figure may be sound. What is missing is the independence declaration, the valuer's credentials explained for a judge who has never encountered Indian registration, a stated basis of value, and a valuation date matching the one the court works to.

Your Indian property is in the pool

Australian, English, Canadian and New Zealand regimes all bring worldwide assets into the reckoning, and both parties owe full disclosure. There is no version where the flat in India is out of scope because it is in India.

The date decides everything

• England and Wales. Generally close to the hearing date.
• Ontario. Three dates: marriage, separation and current.
• British Columbia and Alberta. Usually two, commonly separation and current.
• New Zealand. Default is the hearing date, not the date you separated.
• Australia. Usually trial or agreement, not separation.

Tell us the jurisdiction and the dates your solicitor specified before we start. All of these are retrospective valuations and they must be commissioned as such.

Single joint expert

In English financial remedy proceedings the default is one jointly instructed, jointly paid expert whose duty is to the court, under Part 25 of the Family Procedure Rules and Practice Direction 25D. Australia operates a similar single expert default. A report one side commissions alone, without permission, carries little weight. Canada and the United States more often see each side instruct separately.

What goes in the report

• Declaration of independence and no interest in the outcome.
• The valuer's CV and registration number, explained.
• The instructions received, reproduced.
• Basis of value and valuation date, stated.
• Comparables and adjustments, shown.
• Dated site photographs.
• Currency conversion with the rate, source and date.

Getting it accepted abroad

Depending on jurisdiction you may need the report notarised or apostilled, or a sworn affidavit in place of live testimony. Ask your solicitor early, because an apostille takes time.

On enforcement

A foreign court makes orders about the parties. Transferring Indian immovable property usually needs steps in India too. That is a question for your Indian lawyer. We value the asset and stay out of the rest.

What you get

A signed report from a government approved valuer, based on a real inspection, with the workings shown so the person reading it can follow how the figure was reached. Our registration number is printed on it. If anyone questions it later, the evidence is already in the file.

• An inspection that actually happened. Our engineer stands at the property. Every photograph carries the date, the time and the exact position.
• Comparable evidence, named. Real sales from the relevant area and the relevant period, identified so anyone can check them.
• Method stated openly. Which approach we used and why, with the adjustments set out rather than buried.
• The right date. A valuation is always as at a date. Get the date wrong and the number is useless even if the work is perfect.
• Currency where you need it. Rupees for the Indian side, converted for your side, with the exchange rate and its source stated.

How long it takes

Normally 48 to 72 hours from the site visit, once we have the basic papers. If it is urgent, tell us and we will treat it that way. For anything tied to a sale, start before you sign the agreement rather than after, because some of the biggest savings are only available in advance.

What it costs

It depends on the property type, its size and how far our engineer has to travel. Message us with the basic details and you get a firm figure before any work starts. No surprises later, and five percent off your first report.

What if the papers are missing

Very common, and usually not a problem. A deed from 1974 may simply not exist in the family any more. Records at the sub registrar office, property tax records and the notified rates for the area can normally fill the gap. Tell us what you do have and we will tell you straight away whether it is workable.

Questions people ask

Is my Indian property part of a foreign divorce?

Usually yes. Australian, English, Canadian and New Zealand regimes bring worldwide assets into the reckoning, and both parties owe full disclosure.

Which date should the valuation use?

It depends on the jurisdiction. Ontario wants three dates, New Zealand defaults to the hearing date, and England is usually close to the hearing. Ask your solicitor before commissioning.

What is a single joint expert?

In English financial remedy proceedings it is one expert, jointly instructed and paid, whose duty is to the court. A report one side commissions alone usually carries little weight.