From Disregard to Disrepute: The Position of Women in Family Law

Abstract

There is, it would seem, a popular belief that twentieth century women have now achieved equality with men. In fact this century has been described as the 'woman's epoch' because of the volume of legal reforms which have apparently ameliorated the position of women in the family and in economic and political spheres. In addition, women are perceived as not only achieving equal rights with men but, in some instances, as receiving special treatment from the law. This is particularly the case in the area of family law where women usually receive the custody of children and are usually entitled to maintenance from their husbands. The Law Commission, for example, recently stated, We have been told that the continung financial obligations imposed by divorce often cause severe economic hardship for those who are ordered to pay, normally of course the husband ... The obligation to maintain an ex-wife is particularly resented if the husband feels that it is his wife who is really responsible for the breakdown of the marriage; and such feelings are further exacerbated where he believes that his ex-wife has either chosen not to contribute toward her