• Contact Us

Our Family Lawyers Support the #BreaktheBias Campaign

on Friday, 25 February 2022.

8 March 2022 marks International Women's Day. This year, the IWD organisation's campaign focuses on 'breaking the bias' when it comes to the issue of gender stereotyping.

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:

  • Mothers will be the primary carer for the children following the breakdown of a relationship.
  • A male lawyer will be more aggressive and therefore be able to get a better outcome for a client.
  • After separation, a father can only expect to spend every other weekend with his children.
  • A divorce will result in the wife taking all of the 'husband's' assets.

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.

Dealing with Child Arrangements

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:

  • the ascertainable wishes and feelings of the child
  • the child's physical, emotional and educational needs
  • the likely effect on the child of any change in circumstances
  • the child's age, sex, background and any characteristics that the court considers relevant
  • any harm that the child has suffered or is at risk of suffering
  • how capable each parent is of meeting the child's needs

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.

Dealing with Financial Remedies

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:

  • the income, earning capacity, property and other financial resources of the parties
  • financial needs, obligations and responsibilities of the parties
  • standard of living enjoyed by the family
  • the ages of the parties
  • any physical or mental disabilities of the parties
  • the contributions that the parties have made to the welfare of the family
  • the conduct of each of the parties
  • any benefit that either of the parties may lose as a result of the divorce

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.

How Can We Help?

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.


If you need any advice regarding divorce, the financial implications of divorce or child arrangements, please contact a member of our New Enquiries team on 020 7405 1234, or complete the form below.

Get in Touch

First name(*)
Please enter your first name.

Last name(*)
Invalid Input

Email address(*)
Please enter a valid email address

Telephone
Please insert your telephone number.

How would you like us to contact you?

Invalid Input

How can we help you?(*)
Please limit text to alphanumeric and the following special characters: £.%,'"?!£$%^&*()_-=+:;@#`

See our privacy page to find out how we use and protect your data.

Invalid Input