header-logo header-logo

18 November 2020 / Abby Buckland
Issue: 7911 / Categories: Features , Family , Divorce
printer mail-detail

20 years forward…20 years back?

32366
Two decades on from White v White, Abby Buckland questions how much progress has been made in gender equality

In brief

  • Reasons for departing from equality: a fair outcome?
  • COVID-19: disproportionate impact on women’s employment.

It is now 20 years since the landmark White v White [2000] UKHL 54 decision which saw a move forwards for a divorcing party who was the home-maker and child-carer. White v White introduced a starting point, that ‘equality should be departed from only if, and to the extent that, there is good reason for doing so’. As Lord Nicholls summarised: ‘There should be no bias in favour of the money-earner and against the home-maker and the child-carer.’

This was a celebrated decision at the time, considered a sign that the law was catching up with society. White v White focused on the need to ensure the absence of discrimination and as Lord Cooke observed, ‘it will do much to enable English matrimonial property law to meet the requirements of contemporary society’. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll