Domestic Abuse in Financial Remedy Proceedings

Resolution, a membership body representing 6,500 family justice professionals, which promotes a non-confrontational approach to resolving family issues, has recently published a report on domestic abuse in financial remedy proceedings. The solicitors in IBB Law’s family team are all members of Resolution and actively try to encourage a non-confrontational approach on all of our matters.  

During the creation of the report, Resolution investigated and researched domestic abuse and how this intertwines with financial proceedings, and divorces, and how domestic abuse is addressed within financial proceedings. Resolution conducted their report with assistance from specialist family solicitors and barristers, representation from the Family Law Bar Association, family law academics, independent financial advisors and domestic abuse charities. Victims of domestic abuse who were going through financial proceedings informed Resolution about the struggles they faced with the Courts, the abuse and the effect this had on their financial position.  

Surveys and questionnaires were conducted and responded to by the key parties announced above. Within the surveys, it was found that there was an overwhelming professional concern that the long-term impact of domestic abuse is not sufficiently considered in financial proceedings between separating couples and civil partners. In respect of married couples and civil partners, 79.8% of those surveyed said that the domestic abuse was not sufficiently considered in financial remedy proceedings. 80.25% of those surveyed believe that economic abuse is not sufficiently considered in proceedings.  

When going through financial proceedings, there is an ongoing duty on both parties to provide full and frank disclosure. This essentially means there is a requirement to provide accurate and complete financial information. Parties need to be transparent. We often advise our clients that full and frank disclosure is extremely important as it assists with our ability to provide detailed advice, as we are able to fully understand and grasp both parties’ financial position and advise where there could be scope for settlement. During the survey, it was found that failure to comply with giving full and frank disclosure is a consistent theme, and it is only now being understood that this is a form of economic abuse. A lack of disclosure can often lead to matters becoming prolonged, as well as an increase in costs for clients which can have an effect on a client’s wellbeing, especially if they are a victim of abuse.  

Throughout the project, there was an overwhelming consensus that there needs to be a cultural shift to stop domestic abuse from continuing, or even beginning after separation. 

Resolution have made recommendations regarding: –  

1. Tackling non-disclosure of financial information at the outset; 
2. Non-Court dispute resolution and being aware of the risks;
3. Supporting a cultural shift to ensure financial remedy proceedings are not misused by perpetrators to facilitate ongoing abuse; 
4. Looking at maintenance pending suit and other interim arrangements to assist the financially weaker party; and
5. Making changes to Legal Aid, such as increasing the thresholds to reduce the gap between those who are eligible for legal aid and those who can afford to pay for private legal representation.  

It is hoped by Resolution that the report will assist with a discussion regarding the development of future policies in this area. Domestic abuse needs to be recognised and addressed by the family courts. This change is needed for victims of abuse and will only be supported by all who are a part of the family law environment. 

The solicitors in the family team at IBB Law are here to advise and support anyone who is going through financial remedy proceedings or is a victim of domestic abuse. There is a lot to consider when going through a divorce and ensuring you receive the correct advice at an early stage is of paramount importance. This can often save you money in the long run. Please do not hesitate to contact the family team at IBB should you require assistance in relation to any aspect of the breakdown of a relationship. 

Speak to our family experts

Should you wish to speak to someone regarding the above, or in relation to any other family law matter, please contact a member of the family team on 03456 381 381 or email us at enquiries@ibblaw.co.uk.