National family law organisation, Resolution, published their report ‘Domestic abuse in financial remedy proceedings’ on 8th October 2024. The report gathered responses from professionals including solicitors, barristers and financial advisors, as well as first-hand accounts from survivors of domestic abuse and their experiences dealing with financial arrangements on separation.
Section 1(3) of the Domestic Abuse Act 2021 defines what constitutes “abusive” behaviour to include economic abuse, which is further defined at Section 1(4) as ‘any behaviour that has a substantial adverse effect on the [victim]’s ability to (a) acquire, use or maintain money or other property, or (b) obtain goods or services’. Economic abuse, otherwise known as financial abuse, is becoming more widely recognised, and unfortunately is a form of abuse that often continues to be perpetrated even after separation.
The report found that almost two thirds of the professional respondents to the survey stated that economic abuse had been evident as an issue in at least 21% of their cases, with 6.3% reporting this as an issue in more than 80% of their cases. It is clear, therefore, that economic abuse is a prevalent issue for divorcing couples. However, the report also found that 80.2% of professionals did not feel that the long-term impact of economic abuse is sufficiently taken into account in court proceedings.
As a result of their findings, Resolution proposes a number of changes to better support and protect victims of economic abuse, including increasing the availability of Legal Aid, changes to the way cases involving economic abuse are approached the court and other professionals, and changes to relevant statute and practice directions. A full copy of the report is available on the Resolution website.
At Ellisons, our Family Team have experience of a wide range of financial cases, including those matters involving economic abuse or other forms of domestic abuse. We can offer advice either by telephone or remotely on a video call, or at one of our offices in Ipswich, Bury St Edmunds, Chelmsford, Colchester, Frinton-on-Sea or London. We also offer a free exploratory call so that we can match your specific needs with the right person in our family team.
If you would like to arrange an appointment to discuss any difficulties you are experiencing, including with economic abuse, please contact us on 01206 764477.
