Overwhelming majority of family law professionals believe economic abuse isn’t taken into account in financial remedy proceedings

 A legal organisation has released what has been called a ‘ground-breaking’ report into the interplay between domestic abuse and the treatment of finances on separation and divorce – finding that 80 per cent of legal professionals surveyed feel that ‘economic abuse isn’t taken into account’ during financial remedy proceedings. 

Resolution, a legal organisation with 6,500 members compromising family lawyers and other professionals committed to the constructive resolution of family disputes, spent 18 months researching the impact of domestic abuse and issues faced by the family law system.

A survey was commissioned to better understand the reported incidence of domestic abuse, and to consider what impact any abuse has on the outcome in court.

The survey was open to all family law professionals; it was shared on social media and distributed by Resolution and the FLBA to their members. The survey received 526 full responses.

The report reveals that 80 per cent of professionals believe domestic abuse and specifically economic abuse is not sufficiently taken into account in financial remedy proceedings. Professionals are even more concerned when it comes to unmarried families – 85 per cent said it is not sufficiently taken into account in Schedule 1 (awards for parents of children) and 87 per cent said it is not sufficiently taken into account where the parties have cohabited but not been married.
Resolution has ‘long said that the law needs to recognise that cohabiting families are still families’. The report supports the call for family law remedies for every type of family.
Professionals voiced strong concern about the lack of availability of legal aid for victim-survivors, and the accessibility of funds, especially family money, to pay victim-survivors’ legal fees. Failure to disclose assets and breaching court orders were persistent issues of concern.
Resolution received personal accounts from victim-survivors who consider they have experienced ongoing domestic abuse whilst trying to divide the family finances.

Spearheaded by Olivia Peircy, Partner at Hunter’s Law, who joined forces with a team of experts from across the industry alongside Domestic Abuse Commissioner Nicole Jacobs, Family Law Bar Association, The Law Society UK Fianance and the Bar Council.

Ms Peircy said on social media site LinkedIn:

“I am beyond proud to have led this project with the human tornado that is Anita Mehta, supported and guided every step of the way by the brilliant Samantha Hillas KC.

“This project has required an extraordinary effort by an extraordinary group of professionals. There are so many people to thank but the people we are most indebted to are the brave survivors who shared their stories with us. When read side by side they paint a stark picture of a legal system that is failing them. For me their accounts really bring home why we are doing this.

“The report sets out our research, analysis and recommendations for the changes needed to make the family justice system safer and fairer for victim-survivors resolving their finances on divorce. We are grateful to have received generous endorsements and support from the Family Law Bar Association, the Domestic Abuse Commissioner Nicole Jacobs, The Law Society, Surviving Economic Abuse (SEA), Rights of Women, UK Finance and the Bar Council.

“It has taken a phenomenal effort over 18 months to get to this point, yet at the same time I know we are just getting started. We are expecting some criticism of course and we are hoping for some healthy debate too. Tonight we celebrate. Tomorrow we begin work on bringing about these much needed changes #ResEAreport #economicabuse

“Extra special thanks to: Nicholas Allen KC, Claire Blakemore, Charles Hale KC, Geoffrey Kingscote KC, Professor Emma Hitchings, Professor Rosemary Hunter KC, Rachel Rogers and James Roberts KC MCIArb , Jo Edwards.”

Following the findings of the report, Resolution believes that the Government should introduce, at the earliest opportunity, the Law Commission’s 2016 recommendations to extend existing methods of enforcement and introduce new types of enforcement orders and an explanatory Practice Direction should be issued, in consultation with Resolution and others, setting out the approach in financial remedy proceedings where there is ongoing, or where there are allegations of, domestic abuse.
This should both clarify the current law around conduct and improve practice and procedure to better protect victim-survivors, says the organisation.

Chair of Resolution Grant Edwards said:

“This report voices a powerful call for change from professionals. Resolution recognises that any change must take into account that the family justice system is underfunded, and resources are already stretched. It is also recognised that any changes which increase delays in the court system will do more harm than good for victim-survivors. However, we all know that so many of the people we are trying to help are or have been subject to domestic abuse.

“If anything, this makes addressing domestic abuse an even higher priority. This pressing issue needs to be brought into focus, so we can ask what we can do to make sure victim-survivors are protected and the outcomes they receive are fairer. Whilst we continue to ignore the elephant in the room, we fail to protect some of the most vulnerable litigants in the family justice system.

“As Chair of Resolution it has been inspiring to see how much work has gone into this project. On behalf of Resolution, I would like to thank all the contributors for the many hours, days and even weeks of time they have spent conducting this research and developing this policy in line with our Vision for Family Justice.

“This has involved co-operation across a etwork of Resolution Committees, as well as contributions and effort from many stakeholders in the area. Resolution will now be liaising with policymakers, senior
judiciary, and other stakeholders, including the FLBA, to seek to implement these recommendations. I hope that every professional who reads this report will work with us and do their part to help us bring about positive change.”

The full report can be read here.

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