Divorce with Decency

(Kiana) #1

The Legal Issues 119


vastly differing levels of child support. (Hawai‘i’s is often higher
due to our high cost of living.)
England, home to hundreds of thousands of expatriates, has
become something of a haven for wives (especially since a judg-
ment was rendered in 2000 that firmly entrenched the principle of
“equity” in the division of marital assets). One fifth of all divorce
cases registered in London’s higher courts now have an inter-
national element. English courts are generally viewed as being
“wife-friendly” since they seem to be heading toward the prin-
ciple that the wife’s efforts to boost her husband’s earning power
during the marriage must be compensated—meaning that future
income, as well as current assets, must be shared.
If England is considered to be pro-wife, then Japan may repre-
sent the pro-husband opposite. Japanese wives have historically
gotten the notoriously short end of the stick when it comes to
property division. It wasn’t until 2007 that Japan passed a new
law that allows a divorcing Japanese wife to walk away with up
to one-half of her husband’s retirement pension.
Just for fun, here is a “synthesized strategic tip” for marrying
abroad as found in the Economist magazine: “A rich man should
choose his bride from a country with a stingy divorce law, such as
Sweden or France, and marry her there. Second, he should draw
up a prenuptial agreement. These are binding in many countries
and have begun to count even in England. Third, once divorce
looms a wife may want to move to England or America (but
should avoid no alimony states such as Florida); for husbands
staying in continental Europe is wise.”
Some might say that it’s how you live that may determine the
length and happiness of your marriage; but as the Economist arti-
cle shows, where you live is likely to determine how it ends.


Orders for Temporary Relief/Discovery


Marriage is the only war in which you sleep with the enemy.
—Anonymous


Once a marital breakup comes to a head, it often does so in some
rather ugly and urgent ways. There are some issues that can get

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