
Jonathan Herring
Legal professional
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Aug 5, 2026
The Case that Redefined Fairness on Divorce (Prof Jonathan Herring)
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Erica RackleyHOST
I wonder, is that still applicable today or is that becoming sort of more and more out of date? And I wonder whether it has any variations in terms of different types of partnerships and relationships, particularly in relation to same-sex couples.

Jonathan HerringGUEST
So, At one level, I think you're right that you can read the judgment and certainly some of the statements do look rather fixed in this very old fashioned idea of the wife being the child carer and the homemaker and the husband working, making money.

Jonathan HerringGUEST
And clearly that doesn't match the reality for many couples now, that many women are in employment, often part-time work, combining that with childcare.

Jonathan HerringGUEST
So that sort of classic model of a sharp division in roles seems outdated.

Jonathan HerringGUEST
And it's interesting when people are asked, how they think opposite-sex couples should divide their time.

Jonathan HerringGUEST
The idea that the wife should stay at home and look after the children is deeply unpopular.
5 MINS LATER

Sharon ThompsonHOST
How remarkable do you think the decision in White and White was? Should we celebrate it as a landmark for women? And if you do think we should, why do you think that should be the case?