Gender bias and stereotypes can be incredibly damaging. We seek to challenge the discrimination that can be targeted towards both our lawyers and our clients.
In family law, we see some of the following gender stereotypes:
Most of us will immediately recognise that these assumptions are based on unjust stereotypes of wives, husbands, mothers and fathers. However, when negotiating child arrangements or financial settlements following divorce, we repeatedly have to advise against these bias views.
When considering how a child should spend their time with their parents, the Court's primary concern is what is in the child's best interests. The court will consider the aspects of the Welfare Checklist included in Section 1 of the Children Act 1989. This will include:
In some cases, we speak with fathers who assume that they will only ever be 'weekend dads'. This is not the starting point and anything better than this should not be considered as a 'bonus'. Both parents should be afforded an equal opportunity to demonstrate that they are able to meet their child's needs and an appropriate agreement should be made between parents on this basis.
Historically the role of a wife/mother was to stay at home and look after the home and the children. This allowed the husband/father to go out to work and financially provide for his family. In the event that the relationship broke down, the wives would have little to no income and pension in comparison to their male partners.
Whilst we still see the after effects of the gender specific roles, particularly in respect of pensions, more and more women are now going out to work. Women are earning good incomes and are able to build their own pension pots. Notwithstanding this, we still often hear about women 'taking all of their husbands money'.
Regardless of the asset imbalance between a husband and wife, this allegation is factually incorrect. Assets held by either the husband or wife or jointly will be considered as 'marital assets'. They will all fall into the matrimonial pot and may be divided accordingly.
When contemplating how to divide matrimonial assets, the court will have consideration of Section 25 of the Matrimonial Causes Act 1973. The factors include:
Each matter will be determined on a case-by-case basis. It is important that the parties focus on the particulars of the case and remove any ideas of gender bias. As lawyers, we ensure that our focus remains solely on the law and achieving the best outcome for our clients.
We understand our role in helping to promote equality and diversity within society and our profession. It is important to ensure that any gender stereotypes are addressed and our advice will centre on achieving a fair outcome for our clients.