How International Women’s Day Highlights Gendered Issues in Family Law

How International Women’s Day Highlights Gendered Issues in Family Law

1. Introduction: How “Give To Gain” Can Level the Playing Field

Sunday the 8^th of March is International Women’s Day 2026 (‘IWD 2026’), a global day celebrating the social, economic, cultural, and political achievements of women. The day also marks a call to action for advancing gender equality.

It is therefore appropriate that we take this opportunity to examine some of the gender issues that women face in family law, and how those issues may be addressed. Whilst family law in England and Wales is “gender-neutral” on paper, the outcomes in England and Wales often remain gendered.

It is also appropriate that the theme for International Women’s Day this year is “Give To Gain”, encouraging a mindset of generosity and collaboration, and emphasising the power of reciprocity and support.

IWD 2026 explain the Give To Gain theme as follows: “Whether through donations, knowledge, resources, infrastructure, visibility, advocacy, education, training, mentoring, or time, contributing to women’s advancement helps create a more supportive and interconnected world.”

In the family law context, this translates to “giving” women the knowledge and legal protection they need to “gain” long-term financial and personal security.

In this way perhaps the family law playing field can be levelled, so that no party is at a disadvantage, merely because of their gender.

2. The Financial Gender Gap in Divorce

As mentioned above, family law in England and Wales is “gender-neutral”. There is nothing in the law that favours men over women, or women over men.

However, that is not to say that women involved in divorce proceedings cannot be disadvantaged. For example, research by Legal and General published in 2024 showed that women are likely to see their annual household income take a serious financial hit in the first year following their divorce, falling by an estimated 41%, compared to just 21% for men.

Why is this?

The answer, or at least part of it, lies in the Gender Pay Gap:

• According to the Office for National Statistics (‘ONS’), median hourly pay for full-time employees was 6.9% less for women than for men in April 2025; and
• A larger proportion of women are employed part-time, and part-time workers tend to earn less per hour, so that median pay for all employees was 12.8% less for women than for men in April 2025.

Which prompts a further question: why is there a gender pay gap? The reasons are complex, but it is notable that a substantial gap emerges among full-time employees aged 40 and over. This is linked to parenthood, or the “Motherhood Penalty” – the gap between male and female hourly earnings grows gradually but steadily in the years after parents have their first child.

And obviously if, as is often the case, at the time of the divorce the wife is not working, or is working only part-time, because she is looking after the children then there is a clear issue with income and income needs disparity, which is often not fully addressed by the divorce settlement.

In terms of specifics, there are two particular issues that often arise in divorce settlements because of the financial gender gap:

• Income Needs: A wife’s income needs may not be fully met, whether by way of spousal/child maintenance, or a capital lump sum intended to produce sufficient income, because of the Motherhood Penalty. The good news, however, is that the courts are now increasingly scrutinizing the “career sacrifice” made by primary caregivers, and endeavouring to take that into account in divorce settlements.
• The Pension Trap: It is often the case that, because of the above factors, the husband will have accumulated considerably greater pension provision than the wife. This can often encourage wives to trade off pension rights to keep other assets, in particular the family home. But this can be a trap, resulting in wives suffering serious financial hardship when they reach pension age.

3. Women As Victims of Domestic Abuse

Domestic abuse is, of course, a scourge that affects both men and women.

But it is still true that considerably more women than men are victims of domestic abuse, as the statistics show:

• The Crime Survey for England and Wales estimated that approximately 3.8 million people aged 16 years and over experienced domestic abuse in the survey year ending March 2025. Of those, an estimated 2.2 million were women, and 1.5 million were men.
• Crimes recorded by the police show that the victim was female in 72.1% of domestic abuse-related crimes in the year ending March 2025.
• Nearly a third of women (30.3%) have experienced domestic abuse since the age of 16.

It is worth noting here that domestic abuse is not just physical violence. It can take many forms, and has been defined by the Government to include:

• Physical or sexual abuse;
• Violent or threatening behaviour;
• Controlling or coercive behaviour;
• Economic abuse, such as restricting a victim’s access to money; and
• Psychological, emotional or other abuse.

In all of these categories, a significantly higher proportion of the victims are women than men.

In response to the problem, in December 2025 the Government published its strategy to tackle violence against women and girls (‘VAWG’), which includes a national target to halve VAWG in a decade. Hopefully, that target will be met, but until it is, women will no doubt continue to comprise the majority of victims of domestic abuse.

4. Cohabitation: A Particular Problem for Women

The gender-gap referred to above will, of course, apply equally to women who choose to cohabit, rather than marry.

And the number of women cohabiting today is substantial. According to the ONS, in 2022 the proportion of people aged 16 years and over living in a couple who were cohabiting (not in a marriage or civil partnership) was 22.7%, equivalent to 6.8 million people.

The problem for cohabiting women is that, if their relationship should break down, they will not have the same legal protections as married women.

This means that, unlike women who are married, women who are not married cannot make any financial claims for themselves on relationship breakdown. In particular:

• They cannot claim maintenance for themselves.
• They cannot seek a lump sum payment from their former partner.
• They cannot seek a share of their former partner’s pension.
• Finally, and perhaps most importantly, they cannot make a claim against their partner’s property. Thus, if they live with their partner in a home owned by him then they could find themselves homeless.

The only possible good news on the horizon is that the Government is planning to reform the law, by bringing in basic property rights for cohabitees on relationship breakdown. A consultation for reform is expected this Spring. Of course, this could mean that any reform is still some way off, and even when it comes in it will not mean that cohabiting women will have the same rights as married women.

5. Ensuring a Level Playing Field for Women

So, what can women do to level the playing field in relation to these issues? Or, to put it in the terms of Give To Gain, how can we give women the knowledge and legal protection they need to gain long-term financial and personal security?

Here are some ideas:

• Early Legal Advice: It is vitally important that women facing a family law-related issue should seek early legal advice. In particular, they should be cautious about proceeding without advice, for example by attempting a “DIY” divorce, which can often disadvantage the financially weaker party.
• Full Financial Disclosure: As we have seen, wives are often the financially weaker party in financial remedy claims on divorce. As such, it is absolutely vital that they obtain full financial disclosure from their husbands. They should never settle without seeing the full picture, especially when it comes to pensions.
• Alternatives to Court: Consideration should be given to alternatives to going to court as a means of resolving financial claims, such as mediation. The mediator will seek to ensure that there is a level playing field throughout the mediation process. For more information about alternatives to court, see this page.
• Domestic Abuse: The first step in dealing with domestic abuse is to understand exactly what it is (see above). The victim should then be aware of the ways that the law can provide protection, for example by way of a non-molestation order, or an occupation order, which can require an abusive partner to leave the home.
• Cohabitation Agreement: If you are in a cohabiting relationship, consider entering into a cohabitation agreement with your partner. A cohabitation agreement is a written agreement entered into by a cohabiting couple, setting out how their assets should be divided in the event that they separate.

6. Conclusion: Forging a Fairer Future

IWD 2026 is more than a celebration; it is a call for systemic change in how we value domestic contribution and safety. Family law should not just be gender-neutral on paper, it should be gender-neutral in outcomes.

Gendered issues in family law need to be addressed today, so that we can ensure that the next generation of women doesn’t have to fight the same battles.

And the best way for any woman with a family law-related issue to ensure her future is protected is to obtain the advice of an expert family lawyer. Walker Family Law have a team of specialist family lawyers who can provide that advice. To speak with one of our lawyers, simply complete and submit the form, on this page.