It has recently been reported that the Chinese government has introduced legislation which abolishes the previous position whereby property was divided equally on divorce.
Traditionally, a husband in China was expected to provide the matrimonial home prior to marriage and receive no benefit on any subsequent divorce. Now, divorce settlements are to be funded according to how much each spouse contributed to the marriage.
So how does this compare with the position in England and Wales? In every case, the court takes into account a number of factors when determining the appropriate level of financial settlement. This includes contributions by both spouses (which may include gifts or inheritances received). However, there may be other competing factors which take precedence, such as the needs of the parties and any children of the marriage.
By having a checklist to which the court has regard, all financial settlements are intended to produce a fair outcome.
This is a complicated area of law and it is important that you take legal advice from a specialist solicitor.
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