Resolution, the campaigning body representing more than 6,500 family justice professionals, is calling for a cultural shift across the whole family justice system to better meet the needs of victim-survivors of domestic abuse seeking to resolve their finances on divorce.
Groundbreaking research from Resolution’s Economic Abuse Working Party has analysed the relationship between domestic abuse and the division of finances on divorce and how domestic abuse is addressed in other financial proceedings.
The report, launched at an event taking place tonight (8 October 2024), took on board the views of more than 500 family justice professionals. It found that some 80% of respondents felt domestic abuse was not sufficiently taken into account by the court when deciding the outcome in financial remedies cases. That figure increased to 85% in Schedule 1 Children Act 1989 cases (provision for children) and increased again to 87% in cases involving cohabitees (TOLATA).
The results highlight that there is overwhelming professional concern that the long-term impact of domestic abuse is not sufficiently considered in financial proceedings between separating couples and parents. This reflects the lived experiences shared by victim-survivors with Resolution.
The report found that there were even higher levels of consensus amongst professionals that steps need to be taken to stop the on-going domestic abuse (often in the form of economic abuse) that occurs from the point of separation until Court orders are enacted. The report makes recommendations about how to reduce that abuse, better protect, and meet the needs of victim-survivors involved in sorting out their finances on divorce both in and out of court.
Resolution members also voiced strong concern about the lack of availability of legal aid for victim-survivors; some 90% of respondents said there was insufficient access to legal aid. Members were also concerned about the difficulty for victim-survivors in accessing matrimonial funds to have equality of arms and pay their legal fees.
Resolution is calling for a cultural shift from every professional – from mediators, early neutral evaluator, arbitrators, barristers, solicitors and the judiciary – to work together to reduce the opportunity for this abuse in this vulnerable period.
Grant Cameron, Chair of Resolution’s National Committee, says: “We are proud to present this valuable research and our proposals. We recognise that the work in this area is only just beginning. The fact that domestic abuse is so prevalent is not a reason to ignore it. The research shows that there is much more that can be done by us all to protect victim-survivors from on-going abuse during this period.
“We know that a large amount of the people we are trying to help resolve and separate their finances have been subject to, or are subject to, domestic abuse. We need to start talking about that, and what we can do to make sure they are protected during this period, and the outcomes they receive are fairer. The danger is that if we continue not to mention the elephant in the room, we fail to protect victim-survivors.”
Olivia Piercy, Co-Chair of Resolution’s Economic Abuse Working Party, says: “This report voices a powerful call for change from professionals. Some studies have shown that financial abuse occurs in as many as 99% of domestic abuse cases. Family justice professionals have long been familiar with litigants that attempt to prevent their former partners from receiving a fair financial settlement on separation.
“Withholding funds, hiding assets, delaying, bullying, and breaching court orders have been persistent problems that professionals must grapple with. However, it is only following recent developments, we have come to understand that these behaviours are post-separation domestic abuse.”
The report has been 18-months in the making and comprises Resolution’s research, analysis, and proposals for legal and procedural change. Resolution hopes that this report will form the building blocks for ongoing and future policy development in this important area.
