Close on heels, comes the related issue that divorce judgments favour women as courts see them as the weaker sex. This is completely untrue and baseless. The Justice Professors at Princeton University hold that men and women are treated fairly in divorce cases. Here a distinction has to be made between ‘fairly’ and ‘equally’. Being treated fairly does not constitute being treated equally. Divorce judgments are fair but seldom equal – usually courts decide in light of mitigating present and future circumstances. Thus, a husband may end up on the receiving end of a harsh judgment which might be fair but not equal. Courts consider a few influential factors in making a judgment:

• The material, social and emotional investment made by the female or male partner respectively if they are not working
• The future income benefits accruing to the female or male partner if she or he had still been married
• Which partner has child custody? What is the type of custody being accorded?
• What are the terms of the financial settlement?

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