A recent news-report has complained about gender bias in divorce, men being bullied out of more generous divorce settlements by their breadwinning wives.
The article, which featured in the Daily Telegraph, suggested that many men feel too proud to accept ongoing payments and are worried that this may look unmanly to their friends and associates. It is suggested that when they are divorcing, many wives argue that “real men would not do such a thing”.
Earlier this year Baroness Deech commented that many judges were being “old fashioned and “over-chivalrous” when awarding maintenance.
But old fashioned when compared to what?
Until 2000, the climate in divorce law was very much one in which there was an assumption not only that spousal maintenance would more likely be paid, but also that the role of the homemaker did not compare well with the contributions of the breadwinner – an approach that too many at the time thought was already antiquated in law. This approach changed with the landmark House of Lords decision in 2000 of White v White. This brought with it a wholesale rejection of the previous gender based arguments in favour of a more egalitarian approach – one that did not favour the husband over the wife or endorse any breadwinner vs homemaker stereotypes of a bygone age.
The effect in law was crystal clear: there was to no longer be any discrimination on the basis of gender.
This remains ‘good law’ as of today and cases advanced on the basis of a gender based stereotype or assumption are, at least in the current climate, more than likely going to fail.
Stephens Scown has developed a free guide to divorce, which includes practical advice from its clients. It can be downloaded from www.stephens-scown.co.uk/newbeginnings
Andrew Barton is a partner in the family law team at Stephens Scown in Exeter. To discuss gender bias in divorce or any other divorce issue contact Andrew, please call 01392 210700 or email enquiries@stephens-scown.co.uk