A new report has revealed that courts in England and Wales award the most generous maintenance payouts in divorce cases when compared to other jurisdictions around the world. As a rule, British courts award larger payments which are sustained for a longer period of time when compared to other countries.
London has been nicknamed “the divorce capital of the world,” partly due to the generosity of maintenance payouts. This has not gone unnoticed by the world at large, and some couples from other jurisdictions have chosen to conduct divorce proceedings with the UK for this reason.
This practice has divided opinions. Those who take a more negative viewpoint suggest it gives some spouses greater opportunity to secure higher payouts than they should really be entitled to. However, many also maintain that it makes for a fairer system, and gives greater protection to spouses who may be left financially vulnerable following a divorce.
The international law firm who compiled the report supported the latter view. The conclusion of the report stated that “England 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.”
According to the report, one of the key reasons for the generosity of settlements made in British courts is that UK judges are given a greater freedom regarding these details. Overall, the report looked at 15 countries including New Zealand, the US, South Africa, and a number of mainland European countries. It determined that the degree of “judicial discretion” given to British judges was greater than that given to their counterparts in any of the other countries studied.
Another key factor was the concept of fault, which is treated very differently in different countries. In some countries, this is considered a key factor in the case, and factors like adultery and abandonment can seriously affect one spouse’s financial entitlements. In other countries, fault is more of a discretionary point and not a key aspect of the case. The UK places considerable emphasis on the concept of blame, meaning that spouse’s may receive higher payments if the blame is deemd to lie with the other party.
The Law Commission is currently set to review all areas of family law, including the issues surrounding divorce settlements. This review is part of an ongoing effort to ensure fair practice. The report notes that it will be interesting to see whether this will have an effect on the generosity of maintenance payouts.