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. The language used at the moment tends to shape the thoughts
