Domestic Abuse in Financial Remedy Proceedings
Considering the relationship between domestic abuse and the division of finances on separation and/or divorce/dissolution.
In mid-2023 Resolution convened a multi-disciplinary working party. It comprised specialist family law solicitors and barristers, representatives from the Family Law Bar Association (FLBA), family law academics, independent financial advisors and domestic abuse charities.
The working party commissioned a survey to understand the reported incidence of domestic abuse, and to consider what impact any abuse has on the outcome. The results of the survey and questionnaire have been unveiled in the report: Domestic abuse in financial remedy proceedings (October 2024).
The research found that 80% of family justice professionals believe domestic abuse and specifically economic abuse is not sufficiently taken into account in financial remedy proceedings; 85% said it is not sufficiently taken into account in Schedule 1 (awards for parents of children) and 87% in cases where the separating couple have cohabited but not been married.
Resolution’s view is that the current approach of the courts to s25(2)(g) of the Matrimonial Causes Act 1973 i.e. conduct leads to unfair outcomes for some victim-survivors of domestic abuse. This report does not set out to achieve a final recommendation about how to resolve that complicated issue, but Resolution will continue to consider this issue.
For more information about the research, contact the Communications Team.
Executive Summary
Resolution’s Economic Abuse Working Party was formed to consider the relationship between domestic abuse and the division of finances on separation and/or divorce/dissolution, and how domestic abuse is addressed in these and other financial proceedings relating to families and their children.
Resolution calls for a cultural shift from all family justice professionals to better meet the needs of victim-survivors of domestic abuse seeking the resolution of finances on divorce.
The report makes a raft of recommendations to policy, legislation and processes in order to identify and improve how domestic abuse is addressed in financial proceedings relating to families and their children.
The Research
The original survey was open to all family law professionals; it was shared on social media and distributed by Resolution and the FLBA to their members. The survey received 526 full responses. The working party then sent out a follow-up questionnaire to professionals who volunteered to share further insights asking them to give examples from their practice about where they had concerns, and what they thought should change. The results of the survey and questionnaire are in the report.
Endorsements
Endorsers of this report, include the Domestic Abuse Commissoner, the FLBA, The Law Society and Surviving Economic Abuse in the report. View the full list of endorsements.