A report into how the issue of domestic abuse is addressed in financial proceedings was issued by Resolution on 8.10.24. It is a groundbreaking report, following both extensive research and analysis, which concludes with recommendations and proposals for legal and procedural changes to ensure that victim-survivors receive a fair financial settlement upon the breakdown of their relationship. Victim-survivors have often endured years of domestic abuse before finding the courage to end their relationships and in the vast majority of such cases then find that their former partners use a number of different methods to prevent them achieving a fair settlement. These include withholding funds, hiding assets, delaying, bullying and breaching court orders. Such behaviour constitutes post-separation domestic abuse which exacerbates the already long-term debilitating effects of being subjected to domestic abuse during the relationship.
In carrying out the research for the report it became clear to Resolution that “the current approach of some courts” in dealing with the conduct of the former partners of victim-survivors in financial proceedings is not robust enough and leaves many victim-survivors still vulnerable at the conclusion of those proceedings. This approach is also mirrored by many professionals who simply do not seem to recognise that financial and economic abuse are forms of domestic abuse intended to have a substantial adverse effect on the victim-survivor’s ability to acquire, use or maintain money or other property or obtain goods and services.
A seismic cultural change is required to ensure vulnerable individuals are protected and there is a lot still to be done to ensure that they are. The Court and all professionals involved must understand the impact of domestic abuse on victim-survivors. The fact that this is long term often means that they struggle to achieve independence as they have no skills to find employment, have never had their own bank account or money so struggle to budget and pay bills and deal with many aspects of their lives which have previously been strictly controlled by their ex-partners.
Given the end of legal aid for the majority of financial cases many victim-survivors do not believe they can instruct a solicitor as they have no money to pay legal fees. They need to know that there a number of options to ensure that they can afford to do this including making an application/s for a Legal Services Order/s. Such orders require their ex-partner to pay or contribute to their legal fees so that the victim-survivor finds themselves on a level playing field with their ex-partner in being able to instruct a specialist solicitor to represent them in achieving a fair outcome rather than having to face their ex-abuser in person and deal with their insidious methods of retaining control.
We are specialists in understanding and recognising abusive behaviours of all types and therefore provide the best legal advice and representation in these matters.
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