Analysis of Disadvantages Faced by Men within the Family Legal System

Analysis of Disadvantages Faced by Men within the Family Legal System

Chapter 1 – Introduction Context of Family Legal Proceedings and Family Law Act 1996 Legal branches covering marriage, separation, divorce, custody, support and so on, make up the crust of the legal system. Interwoven in the legal architecture of family law are subtle parallels that determine the results of these proceedings. There have been times when family law was built on traditional gender roles and society's assumptions regarding their responsibilities in the family, and in such cases, one gender would have been favored over the other in different areas of family life. It is the origins of modern family law which can be traced to the primitive societies which were made up of absolutely male controlled family concept. , Traditionally family systems were divided gender based due to laws and religious teachings that have had the effect of discriminating against men and women in rights and responsibilities roles concerning the home setting. However, with the spread of the concept of gender balancing and an increase in the level of legitimacy of such activities the family law slowly but surely transformed. The landmark court decisions and legislative reforms were aimed at tackling discriminatory practices and ensuring fairness in family law court processes. Women's liberation in the 20th century and the women's rights movement brought about major alterations in how family law was perceived and applied. Among them were milestones such as landmark judgments of women participating in property ownership and making their own decisions within marriage. These decisions have contributed to the cause of gender equality in family law. Nevertheless, there was some significant development in relationship between law and society leading to identification of the particular area where inequality exists still - men. Although the patriarchal form has been imperceptibly undermined the influence of patriarchal Last Name 7 attitudes and their prejudice are still undermining judgement and legal outcomes. Internally within the family legal sphere, some constructed and particular gender assumptions and stereotypes were privileged by the judicial interpretations of the gender issues and the events. Notwithstanding the fact that the family law is intertwined with broader societal issues (such as economics, culture, and politics) gender-based struggles are intensified in the course of the legal proceedings. Economic inequalities easily conflict the partners and then mediate the choicemaking regarding alimony, property division, and financial allowance. Cultural norms and faiths can as well be interconnected with legal systems, exemplifying the social acceptance of marriage and divorce of parents rather in varied societies. The Family Law Act 1996 was intended by the UK Parliament to replace those old laws based on no-fault on divorce1 . The initiative has planned all of these initial stages such as information sessions, mediation, and the provision of legal aid related to family law matters. Criticism focusing on the so-called indifference, unrealistic priorities, and loneliness because of a new no-fault divorce system was also expressed. The basic condition of denying and recognizing own fault puts really difficult obstacles instead. Finally, the Act imposed formidable reforms but the matter was far from being complex. Apart from that, there remained a lot of problems in the family law system, especially for the men when they are divorced. Overview of the Research Problem This research problem focuses on the structural disadvantages men encounter within the household legal system. Despite the progress with perceived social norms and reliable legal reform, men may still encounter some challenges in every area of family law litigation. 1,2 The