Domestic Abuse in Financial Remedy Proceedings
The Domestic Abuse in Financial Remedy Proceedings 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.
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).
In the report, 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 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.
