header-logo header-logo

11 March 2020 / Graeme Fraser
Issue: 7878 / Categories: Features , Family , Divorce
printer mail-detail

The search for equality in divorce reform

17373
Gender equality demands flexibility & discretion, not blunt instruments says Graeme Fraser

Dr Michael Arnheim makes some important points in his article ‘Divorce reform: time to recognise gender equality?’, not least in noting the problem of what he describes as ‘yo-yo cases’ that bounce between the courts for years. I agree that more certainty and predictability would be desirable, and gender equality is obviously a laudable goal. However, his arguments taken as a whole perhaps go too far in valuing clear structures and principles, while undervaluing the necessity of flexibility in accommodating the messiness and complexity of everyday life, to an extent that would be detrimental to gender equality.

 

No-fault divorce

 

Dr Arnheim may have misunderstood the rationale behind the Divorce, Dissolution and Separation Bill when he claims that it ‘misses the mark’. The evidence is clear that artificially bringing blame into the divorce process sets the tone for the whole divorce, leading to unnecessary acrimony and suffering for divorcing couples and their families.

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

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll