With the growth of international travel and trade, it is not uncommon for individuals to spend a majority of their time split between two countries. In fact, trends show that more people are spending their time between California and London than they used to in the past. With both areas serving as economic powerhouses, this is no surprise. Given how much time couples potentially spend in the two places, it is important to know how divorce laws differ.
The primary difference between California and London is that California is a “no-fault” state while London is an “at-fault” city. In California, divorcing couples do not have to prove that one party was responsible for the separation. Rather, they can both claim they have “irreconcilable differences.” In contrast, London requires the party bringing forth the divorce to prove there is an irreparable breakdown in the marriage. This can include adultery, long periods of separation, or unreasonable behavior.
In terms of child support, California considers the issue as part of the divorce. How much time was spent with the children, income, and fault all play factors in child support. California uses a software called DissoMaster to calculate the amount paid. London considers child support a separate matter from divorce. Rather than helping fund the primary parent, child support is owed solely to the child. The Child Maintenance Service handles such cases.
Property division is also different in the two areas. London courts decide how property is distributed by considering needs, sharing, and compensation. A party’s needs are given greater value than equal shares of assets. California views property acquired during marriage as communal. This means that the property and assets are divided evenly between both spouses. Property acquired before the marriage and inheritance are some factors that are allotted solely to an individual.
At Family Law Advocacy Group, we understand that divorce can be difficult no matter where you are. If you and your spouse plan to divorce, contact our experienced San Bernardino family law Attorney for a consultation today.