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Family Law

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English Family Courts in top Five for Most Generous Spousal Maintenance

Although there has been more emphasis put on ex-spouses to provide for themselves financially following a divorce, a recent study has found that settlements made by the family courts in England and Wales are one of the most generous in the world.

A study carried out by Penningtons Manches LLP found that England and Wales are in the top five countries where ex-spouses can typically expect ongoing maintenance. Conversely, Israel, the United Arab Emirates, Finland, Japan, and Russia were the countries in which ex-spouses were expected to stand on their own two feet and not receive any support.

According to the study, the reason for some countries not providing as much to ex-spouses was due to strict caps on the amount that can be offered, with some jurisdictions view maintenance as restorative only.

Financial Awards Following a Divorce

The report found that in England and Wales judges tended to make generous financial awards to those going through a divorce, in particular to the less financially stable partner. However, despite the fact that England and Wales were in the top five, a trend indicates that both countries are expecting an ex-spouse to reach financial independence quicker than ever.

A partner from the law firm behind the study 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."

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