Two systems, one goal: divorce law in California and England

As divorce attorneys, our roles are similar. However, working in Los Angeles and London, we handle very different legal systems.

While the United States’ system of law is largely derived from British common law, they have come to diverge over time, especially in family law, where societal changes have led to changes in how courts approach divorce. That’s even more true in California, which pioneered reforms that were adopted by other states.

Furthermore, although California is a state and England is a country, it is reasonable to compare the two. In the U.S., family law is largely handled by the states. If California were its own country, it would have the fourth-largest economy in the world, and its nearly 40 million residents would make it comparable to England's nearly 57 million residents.

Some differences are what you would expect. England treats divorce as more of a private matter, while pretty much everything in a California divorce is public unless you go through a separate arbitration process. 

But the main difference between divorce law in California and England is nearly the opposite of what you might expect.

California, home to Silicon Valley libertarians and relaxed surfers, follows a very structured divorce process based on strict formulas and clearly defined rules.

In comparison, England, famous for its emotional restraint, has a much more relaxed attitude.

When determining whether the court has jurisdiction over a divorce, England and Wales follow the Domicile and Matrimonial Proceedings Act of 1973, which requires courts to consider multiple factors, including habitual residence, domicile, and connections to the area. This is a somewhat vague rule that requires judges to evaluate your intentions when purchasing property and other factors before making a decision.

In California, courts follow Family Code Section 2320, which states that one party must have lived in the state for at least six months and in their current county for three months. Usually, this refers to a major metropolitan area in the U.S. The process is so straightforward that couples often can determine in advance whether they meet the criteria.

When it comes to dividing assets, the philosophical difference is even more pronounced.

England and Wales operate under Section 25 of the Matrimonial Causes Act 1973, which grants courts broad discretionary powers to consider "all circumstances of the case.” This gives judges more flexibility to evaluate factors like spousal contributions, future needs, and the conduct of both parties.

Meanwhile, California depends on Family Code Section 2550, which sets strict rules for dividing assets acquired during marriage equally. It can get more complicated with separate property that predates the marriage but has become mixed, for example, but there is much more certainty about the final distribution of assets.

When it comes to child support, England and Wales use a straightforward calculation for parents earning less than £156,000 gross annually, but courts may take a different approach for high-income families, allowing more discretion to consider expenses like housing, private education, and travel.

California, by contrast, uses a complex algebraic formula under Family Code Section 4053 that factors in both parents' net disposable income and the percentage of time each parent spends caring for the child or children. There is less flexibility for judicial discretion, as the formula applies to a wide range of family situations.

So what accounts for these differences? 

Some of it is based on values written in the law. England’s family law approach mainly focuses on fairness, while California’s prioritizes equality. For England, this means a judge must carefully review all facts to decide a case. In California, it has led lawmakers to create strict rules and formulas that everyone must follow, leaving less room for judicial discretion.

Both approaches have their advantages and drawbacks. The discretion that England gives to courts has led some to call London the “divorce capital of the world” because of the perception that judges will award more favorable outcomes to the less wealthy spouse, which could be a benefit or a drawback, depending on your client.

Divorcing couples in California usually have more predictable outcomes. For a lawyer representing them, this can assist in out-of-court negotiations because both sides understand the likely court result and can bargain accordingly.

A lawyer working in London, meanwhile, faces much more uncertainty when advising a client whether to accept an offer or wait to see what the judge will decide.

Divorce law in California and England and Wales share common goals, but their approaches diverge considerably, primarily because they operate under distinct legal frameworks.