This research project aims to highlight the links between the negotiation of divorce agreements and
(1) the different concepts of gender equality present in current Swiss family law,
(2) the interpretations of these concepts by lawyers specialising in this field, as well as
(3) the life courses and division of labour of the couple before divorce.
Research on the transition to parenthood has shown gender dynamics by which women end up having a much larger share of domestic and caring work than men, while men have a much larger share of paid work.
However, there is still little research on gender dynamics in divorce as a key transition in an individual’s life course.
This project at the intersection of law and sociology aims to contribute to a better understanding of the legal dimensions of this process.
It proposes to study the embeddedness of different concepts of gender equality, present in the legal context, in the process of negotiation of divorce agreements between different-sex couples with children in Switzerland.
It will study the legal concepts of gender equality after divorce, the role of lawyers in interpreting these concepts and communicating this interpretation to their clients.
Finally, it will deliver results on the role of personal life trajectories and the division of labour before divorce in the negotiation of divorce agreements.
The methods used in this project include:
(1) analysis of written law (legislation, case law, legal writing);
(2) a quantitative survey using questionnaires with Swiss family law lawyers;
(3) in-depth qualitative interviews with lawyers and newly divorced persons.
