UK Wedding News
19/12/2013
It is thought the flexibility given to judges presiding over divorce proceedings in the country means that former partners are more likely to receive generous maintenance payments.
The study, which was carried out by City law firm Withers, looked at spousal maintenance payments in jurisdictions across Europe, America, South Africa and New Zealand. It also revealed the different issues judges can take into account when they are deciding on a settlement.
Suzanne Kingston, family law partner at Withers, explained that in other countries, judges have more strict rules which dictate the affect the circumstances of the divorce has on a settlement, as well as the amount and length of maintenance payments.
In each of the areas analysed, courts were allowed to order maintenance payments on the breakdown of marriage, but in Cyprus, Germany, Scotland and Switzerland, the length of time is limited.
Ms Kingston added that while most other jurisdictions give judges greater "scope and independence in their decision-making", "England and Wales stands out for the broad judicial discretion it applies in considering all aspects of each and every case."
She continued that it is this discretion which frequently comes into play when deciding the quantum and duration of maintenance payments."
Elsewhere, in many areas, the idea of "fault-based" divorce allows reasons such as adultery, desertion and unreasonable conduct,to be used as a factor to refuse a claim for spousal maintenance.
Ms Kingston commented: "England and Wales has an international reputation as an attractive divorce forum for the financially weaker spouse, and we should be proud of the courts' efforts to reach a fair result in each and every case.
"However, the Law Commission is currently examining various issues in the family law arena, and changes to the law on the treatment of spousal needs, the definition of non-matrimonial property and the efficacy of prenuptial agreements are anticipated.
"It will be interesting to see whether future reform impacts on the extent to which the system in England and Wales is attractive to international couples."
The study looked at maintenance rules in California, Cyprus, England and Wales, France, Germany, Ireland, Italy, Jersey, Malta, New York, New Zealand, Portugal, Scotland, South Africa, Spain and Switzerland.
(JP)
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England Named 'Divorce Capital' - Survey
A new survey has revealed that England is the divorce capital of the world.It is thought the flexibility given to judges presiding over divorce proceedings in the country means that former partners are more likely to receive generous maintenance payments.
The study, which was carried out by City law firm Withers, looked at spousal maintenance payments in jurisdictions across Europe, America, South Africa and New Zealand. It also revealed the different issues judges can take into account when they are deciding on a settlement.
Suzanne Kingston, family law partner at Withers, explained that in other countries, judges have more strict rules which dictate the affect the circumstances of the divorce has on a settlement, as well as the amount and length of maintenance payments.
In each of the areas analysed, courts were allowed to order maintenance payments on the breakdown of marriage, but in Cyprus, Germany, Scotland and Switzerland, the length of time is limited.
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Ms Kingston added that while most other jurisdictions give judges greater "scope and independence in their decision-making", "England and Wales stands out for the broad judicial discretion it applies in considering all aspects of each and every case."
She continued that it is this discretion which frequently comes into play when deciding the quantum and duration of maintenance payments."
Elsewhere, in many areas, the idea of "fault-based" divorce allows reasons such as adultery, desertion and unreasonable conduct,to be used as a factor to refuse a claim for spousal maintenance.
Ms Kingston commented: "England and Wales has an international reputation as an attractive divorce forum for the financially weaker spouse, and we should be proud of the courts' efforts to reach a fair result in each and every case.
"However, the Law Commission is currently examining various issues in the family law arena, and changes to the law on the treatment of spousal needs, the definition of non-matrimonial property and the efficacy of prenuptial agreements are anticipated.
"It will be interesting to see whether future reform impacts on the extent to which the system in England and Wales is attractive to international couples."
The study looked at maintenance rules in California, Cyprus, England and Wales, France, Germany, Ireland, Italy, Jersey, Malta, New York, New Zealand, Portugal, Scotland, South Africa, Spain and Switzerland.
(JP)
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