Domestic abuse and settling finances on divorce

There are calls for a shift across the family justice system to more effectively address the needs of victim-survivors of domestic abuse who are seeking to settle finances on divorce. Here, our family law expert shares her thoughts.

In October 2024, a long-awaited report was released by campaigning body Resolution on the interplay between domestic abuse and the division of finances arising from a divorce.

The results are concerning in that around 80% of the family justice professionals surveyed believe that domestic abuse, and in particular economic abuse, is not sufficiently considered in the financial remedy process. What’s more, the past year has seen record levels of sexual and domestic abuse and violence against women in Gloucester, as was recently highlighted by Gloucester MP Alex McIntyre in Parliament.

The current law provides that the court “shall have regard to the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it”.

Why do so many family law professionals believe that this very important factor is not being properly considered?

The problem lies with the interpretation of conduct in cases determined over the years and the general conclusion that conduct will only be taken into account in very rare circumstances. Indeed, conduct has been said to be relevant in “only the most obvious and gross” of cases. In one instance, the Judge referred to the need for a “gasp” factor.

For victims of domestic abuse, this narrow interpretation of the law feels unfair and unjust. Such clients already want to get the process over and done with as quickly as possible and are often prepared to accept a lesser amount than they are advised to pursue as a fair outcome in their case. Arguably, this feeds further into the emotional and financial abuse already being experienced.

Fierce court gatekeeping requirements and an expectation that voluntary talks and family mediation will be at least attempted in every case, cause further obstacles to those genuine victims of domestic abuse who are simply looking to the family court for protection.

Non-disclosure of financial assets is a common issue which goes hand-in-hand with economic abuse. Only the clear boundaries and timeframes set by a formal court process with sanctions for non-compliance serve to properly address difficult non-disclosure problems.

So, as it currently stands, the threshold for pursuing a successful conduct claim – such that a higher financial award is merited – remains in itself so high that the financial remedy court is unlikely to embark on any detailed analysis of poor conduct claimed.

However, there is a call for the tides to change and we keep a watchful eye on how case law develops in light of the worrying findings made and increased call generally for zero tolerance of domestically abusive behaviours.

If you are contemplating a divorce and wish to discuss your financial remedy options in further detail, please get in touch with our experienced family law team. Our expert divorce solicitors are members of Resolution, which means they are dedicated to handling divorces and separations with minimal conflict, while still being assertive enough to achieve the best possible outcome, including the division of finances.

About the report

The groundbreaking report – Domestic abuse in financial remedy proceedings (October 2024) – comprises research, analysis, and proposals for legal and procedural change led by Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Our Legal 500 and Chambers-rated department can help with all aspects of family law. Our lawyers listen to your needs sensitively and fairly, providing clear, supportive and careful guidance to deliver the best outcome for you.