When a couple decides to get a divorce, the last thing they want is for things to get complicated. Unfortunately, finances and child custody disputes can quickly turn into drawn-out court battles. And in some cases, one spouse may try to take advantage of the other by seeking an unfair settlement
Fortunately, there are measures to help ensure fairness in divorce proceedings. One of these is the principle of equality, which requires that both spouses be treated equally under the law. This is especially important in cases involving child custody and financial settlements, where one spouse may have a clear advantage. Here are some scenarios where discrimination may occur and how the principle of equality helps in such situations.
Disability
Divorce can be a difficult and emotional time for everyone involved. However, for those with a disability, the process can be even more challenging. Unfortunately, disabled individuals often face discrimination during a divorce, both from their spouse and the legal system. This can make it challenging to protect their rights and ensure that they receive a fair outcome.
There are several reasons disabled people may face discrimination during a divorce. In some cases, their spouse may try to use their disability as a reason to argue that they are not capable of caring for their children or managing their finances. They may also try to limit the spousal support required to pay. In other cases, the court may be unfamiliar with the needs of disabled individuals and may not be equipped to make fair decisions.
The principle of equality helps protect disabled individuals during a divorce by ensuring that they are treated fairly. This means that the court must take their disability into account when making decisions about child custody and financial settlements. It also means that their spouse cannot use their disability against them in any way.
LGBT
When a married couple with children divorces, several important decisions need to be made about parenting arrangements. Unfortunately, LGBT parents often face discrimination when trying to secure parenting rights during a divorce.
In many cases, courts have favored the opposite-sex parent in such situations, denying parenting rights to the LGBT parent. This is unjust, but it can also be harmful to the children involved.
Equality is essential for all families, and parenting rights should not be determined based on sexual orientation or gender identity. By ensuring that LGBT parents have equal parenting rights during divorce proceedings, we can help create more stable and loving homes for children.
Race and Ethnicity
One of the most important principles of family law is that everyone is treated equally under the law. This means that race and ethnicity cannot be used as a basis for discrimination in divorce proceedings.
Unfortunately, this principle is not always followed. In some cases, spouses may try to use their race or ethnicity to gain an advantage in the divorce. They may argue that they are entitled to a more significant financial settlement or more time with the children because of their cultural background.
Equality ensures that these arguments cannot be used as a basis for discrimination. It guarantees that all spouses are treated equally, regardless of their race or ethnicity. This is important because it helps create a level playing field in divorce proceedings, and it ensures that all spouses are given a fair chance to negotiate a settlement.
Record of Offences
One of the most critical factors that the court will consider when a couple divorces is the “clean break” principle. This principle states that both spouses should be able to go their separate ways after the divorce without any lingering financial or emotional obligations.
One way to achieve this is by awarding sole custody to one parent and giving the other parent visitation rights. This often works well when there are no significant disagreements between the parents, and they can put the children’s best interests first.
However, this principle can be undermined if one of the spouses has a criminal record. In some cases, a spouse with a criminal record may be awarded custody or be given more visitation rights than they deserve. This is unfair, and it can be damaging for the children involved.
Equality ensures that spouses with criminal records are treated fairly in divorce proceedings. It guarantees that they will not be given an unfair advantage over their counterparts, and it helps to ensure that the children’s best interests are always taken into account.
The principle of equality is one of the most important principles of family law. It ensures that all spouses are treated equally under the law, regardless of their race, ethnicity, or sexual orientation. This is important because it helps create a level playing field in divorce proceedings, and it ensures that all spouses are given a fair chance to negotiate a settlement.
