A report prepared by the international family law team at Penningtons Manches LLP has found that English family Courts are amongst the most generous when looking at awards made for spousal maintenance. The report showed that whilst the judiciary are keen for ex-spouses to be able to support themselves financially, awards made by the Courts in England and Wales were still “close to the dependence end” of the barometer for spousal maintenance.
As part of the review, 16 different jurisdictions and their approach to spousal maintenance were considered. It was found that, among the jurisdictions reviewed, ex-spouses received the least financial support in Israel, the UAE, Japan, Finland and Russia. The top five jurisdictions for on-going spousal maintenance are India, California (USA), Ireland, Singapore and England and Wales.
The approach to maintenance was also found to vary widely across the jurisdictions as some see maintenance as a way of restoring the financial position of the ex-spouse only, whilst others seek fairness and try to obtain a parity of income for both spouses. It was noted that historically in the jurisdiction of England and Wales, the Court’s have had a very wide discretion to make awards for spousal equality of income. However, there is now a slow move towards financially independence for the parties as quickly as possible.
The co-author of the report, James Stewart, said: “Gone are the days in England and Wales when the weaker financial party could expect lifelong financial support without examination of their earning potential and the lifestyle adjustments they could make to become self-sufficient. Any international couple contemplating divorce would be well advised to look into the legislation governing spousal maintenance in their respective home countries to determine which jurisdiction would be most likely to meet their expectations for support following the breakdown of their relationship.”
Samantha Lee, Managing Director and Family Law specialist at Swain & Co Solicitors says, “This report highlights the differences in financial provision across various jurisdictions. It also highlights how the approach to spousal maintenance is changing in England and Wales, although this is likely to be a slow shift, and there will remain cases where provision for on-going financial equality is necessitated.”
If you would like some advice on your financial position following the breakdown of a marriage, please do not hesitate to contact us on 02392 492 967.
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