The October 2024 Resolution Report ‘Domestic abuse in financial remedy proceedings’ sheds a critical light on the intersection of domestic abuse and financial remedy proceedings in the UK. It highlights how economic abuse—a form of coercive control where abusers manipulate financial resources—can extend well beyond the end of a relationship. Victim-survivors often face continued abuse through delayed settlements, hidden assets, and non-compliance with court orders.

The Scale of the Problem

Resolution’s survey revealed that 80% of family law professionals believe that domestic abuse, specifically economic abuse, is insufficiently addressed in financial remedy proceedings. This issue is even more pronounced for unmarried families, where existing legal frameworks fail to offer adequate protection.

Victim-survivors shared harrowing accounts, such as being forced to continue paying for a jointly owned home they cannot access or facing adjourned hearings despite clear evidence of abuse. These experiences emphasise the urgent need for systemic change.

Recommendations for Reform

Resolution’s report calls for:

• Strengthening procedural safeguards: Amending the Family Procedure Rules to ensure that domestic abuse considerations are embedded in case management.
• Improved disclosure processes: Holding parties accountable for failing to provide full and frank disclosure early in negotiations or court proceedings.
• Access to justice: Expanding legal aid availability for victim-survivors and reviewing financial thresholds that currently block access to representation.

Towards Cultural Change

Achieving meaningful reform requires a cultural shift among family law professionals. Training, clear guidelines, and a collaborative approach between the judiciary and practitioners can ensure that abuse is recognised and addressed effectively. The report’s recommendations aim to empower victim-survivors, promote fair outcomes, and ensure the justice system is no longer complicit in enabling ongoing abuse.

Domestic abuse doesn’t end with separation—and neither should the protections offered by the law.

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

1. 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.
2. 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.
3. 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.
4. 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.