Resolution has published a ground-breaking report addressing the intersection of domestic abuse and financial remedy proceedings in divorce and separation cases. The report, the result of an 18-month research project, highlights the pressing need for legal and procedural reforms to protect victim-survivors of domestic and economic abuse, as they navigate the complex process of dividing finances post-separation. It emphasises how abuse often continues after separation, particularly through financial control and coercion during legal proceedings.
Key Findings
- Prevalence of Domestic Abuse in Financial Proceedings:
- A significant proportion of professionals working in family law reported encountering domestic abuse in over 20% of their cases. Economic abuse, a specific form of coercion involving financial control, was also reported in nearly 25% of cases.
- However, despite the high incidence of abuse, it is often underreported or inadequately addressed in court, with only a fraction of cases raising domestic abuse as a formal issue in financial proceedings.
- Ongoing Abuse During Proceedings:
- Victim-survivors face ongoing economic abuse through tactics like withholding financial disclosure, dragging out legal proceedings, and failing to comply with court orders. Such behaviours are now recognised as forms of economic abuse under the Domestic Abuse Act 2021.
- Professionals voiced concerns about the court’s ability to effectively manage these cases and protect victim-survivors, with 80% stating that domestic abuse is not sufficiently considered in financial remedy cases.
- Challenges with Legal Aid and Access to Justice:
- Access to legal aid is a critical concern, with 90% of respondents indicating that victim-survivors struggle to secure legal support. Many are forced to self-represent or take on high-interest litigation loans, putting them at a disadvantage compared to their abusers who often have access to family or business funds.
- The legal aid system, as it stands, fails to support many victim-survivors, further compounding their vulnerability.
- Non-Compliance and Enforcement Issues:
- A persistent theme in the report is the failure of some parties to comply with financial disclosure and court orders. This non-compliance exacerbates the financial strain on victim-survivors and undermines the effectiveness of the legal system in providing fair outcomes.
Recommendations
To address these challenges, Resolution calls for a cultural shift among family justice professionals. Some key recommendations include:
- Amendments to Family Procedure Rules: The report suggests changes to ensure that domestic abuse is considered at every stage of financial proceedings, including during pre-court negotiations and case management.
- Improved Enforcement Mechanisms: Resolution recommends reforms to streamline enforcement procedures and ensure timely compliance with financial orders, particularly where ongoing abuse is a factor.
- Legal Aid Reform: The report advocates for expanding access to legal aid, increasing rates for family legal aid providers, and reviewing the means test to prevent further financial abuse of victim-survivors.
- Training and Awareness: Resolution urges better training for judges and legal professionals to recognise and respond to economic abuse and coercive control within the context of financial remedies.
Conclusion
The Resolution Report is a significant step toward reforming how domestic abuse is addressed in financial remedy proceedings. By highlighting the pervasive nature of economic abuse and providing a comprehensive set of recommendations, the report calls for urgent action to ensure that victim-survivors are protected and receive fairer outcomes. As the family justice system evolves, this report is a critical guide for professionals seeking to create a safer, more equitable process for those affected by abuse.
