Resolution has recently released a new report offering insight into the interplay of domestic abuse and financial settlements in divorce, making recommendations for better protection for victim-survivors.
Resolution is an organisation made up of family justice professionals who work with families and individuals to resolve disputes and issues around familial breakdown in a constructive way.
The report calls for a cultural shift in the family justice system to better meet the needs of victim-survivors of domestic abuse, particularly when they are seeking financial resolutions upon divorce. The organisation conducted a survey of 500 family justice professionals, where 80% of respondents felt domestic abuse as not sufficiently considered by the court when deciding financial outcomes in divorce.
Resolution have made a number of recommendations to help improve the experience of domestic-abuse victim survivors going through financial proceedings and reduce the long-term financial and emotional impact of divorce.
There has also been discussion around the amount of ongoing abuse that occurs from the point a couple separates until the Court makes orders, particularly where perpetrators use the system to abuse their ex-partner further, economically, and emotionally.
Judit Kerese, an Associate at Stowe Family Law, responds to the recommendations made by Resolution.
The report has been a long-overdue insight into a system that currently is failing victim-survivors of domestic abuse. It is clear that family law professionals are aware of the desperate need for change. The recommendations, therefore, are welcome.
It is all too common for perpetrators of domestic abuse to be in a position where they can assert financial control over their victim and continue to behave in a way that will either lead to victims not pursuing what they are entitled to upon separation, or simply having to be subjected to ongoing bad behaviour.
One of the most significant recommendations is to amend the overriding objective of Part 1 of the Family Procedure Rules 2010 to mean that dealing with a case ‘justly’ means to ‘ensure the parties are safeguarded from domestic abuse’. Many victims of domestic abuse suffer from financial abuse in the short term, and often return to their abuser due to fear of financial stability. Ensuring parties are protected throughout proceedings will hopefully minimise cases of this.
Further, the recommendation of amendments to the Financial Remedies Court Efficiency Statements to include specific reference to the need to ensure that financial proceedings are not used by perpetrators to facilitate domestic abuse, is a welcome change. There should be robust measures in place to prevent such behaviour, and ensure, as with changes to the overriding objective that victim-survivors are safeguarded.
However, there is still a way to go, and some recommendations need more attention. For example, increasing legal aid rates to help legal aid providers be sufficiently funded to act for victim-survivors. Although legal aid funding is limited, this could add additional pressure to domestic abuse victims, many of whom are not able to meet the payments already required. This may result in victims feeling trapped with their abuser due to financial worries.
The Government’s response remains to be seen. With a recent change in Government, and focuses shifting, it may be a while before we see real change in this area, despite the urgent need and renewed calls. I hope there will be implementation of Resolution’s recommendations before long, to offer proper justice to domestic abuse survivors.
If you or someone you know is in immediate danger, please call the police on 999 or phone the Domestic Abuse Helpline 0808 2000 247
Please note that Stowe Family Law cannot offer Legal Aid.
Useful Links
Economic abuse in financial remedy proceedings
Read the full Resolution report
