Domestic Abuse
DR Corner: Is NCDR Appropriate in Financial Remedy Cases where there is Domestic Abuse?
In October 2024, a Resolution multi-disciplinary working party published a report, Domestic abuse in financial remedy proceedings. Described as a ‘groundbreaking’ consideration of the interplay between domestic abuse and the treatment of finances on separation and divorce, this 18-month project is a powerful call for change.
- Journal
- Domestic Abuse
- NCDR
- DR Corner
!18/03/2025 06:00
Tech Corner: The Intersection of Technology and Domestic Abuse: Legal Implications in the UK
While technological advancements offer numerous benefits, they have also opened new avenues for individuals to exert control, manipulate, and harass their partners and ex-partners in cases of domestic abuse. In this article, we will explore the unfortunate intersection between technology and domestic abuse within the context of England and Wales family law.
- Journal
- Domestic Abuse
- Tech Corner
- Technology
!18/03/2025 06:00
Domestic Abuse, Nuptial Agreements and Financial Remedies: A Cultural Shift?
As family practitioners will know, the dynamics involved in negotiating nuptial agreements are no less nuanced than those in other parts of our work. There can be power imbalances, cultural clashes and differing perceptions of fairness.
- Journal
- Domestic Abuse
- Conduct
- Nuptial Agreements
!18/03/2025 06:00
Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations
This blog piece has been timed to coincide with the publication, on 8 October 2024, of the report by Resolution on ‘Domestic Abuse in Financial Remedy Proceedings’. This groundbreaking report delves into the interplay between domestic abuse and the treatment of finances on separation and divorce/dissolution, and how domestic abuse is addressed in other financial proceedings.
- Blog
- Domestic Abuse
!08/10/2024 12:45
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A v R [2024] EWFC 218 (B)5 August 2024
This judgment by DJ Dodsworth examines the legal principles relevant to raising conduct arguments in financial remedy proceedings.
- Cases
- Domestic Abuse
- Conduct
N v J: the Last Word on Domestic Abuse as Conduct?
On Monday last week, in In N v J [2024] EWFC 184 (15 July 2024), Mr Justice Peel handed down the most recent authority on pleading conduct pursuant to s 25(2)(g) of the Matrimonial Causes Act 1973. Those interested in this area have been keen to see whether Mr Justice Peel, as the Lead Judge of the Financial Remedies Court, would move the dial either in terms of procedure, or the application of the substantive law. Like all of Mr Justice Peel’s judgments, it is erudite, comprehensive and concise. It is also timely.
- Blog
- Domestic Abuse
- Conduct
!24/07/2024 10:05
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KA v LE [2023] EWFC 266 (B)29 November 2023
DDJ Mark Harrop. Final hearing in FR proceedings with consideration of relevance to findings in children proceedings that H had bullied, coerced and controlled W throughout the whole of their marriage.
- Cases
- Domestic Abuse
- Adjournment
- Conduct
- Costs
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Re Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 229 February 2024
Sir Andrew McFarlane, President of the Family Division. Judgment considering the approach that a judge or magistrate sitting in the Family Court should adopt when the court has directed that a Qualified Legal Representative (QLR) should be appointed for a party in circumstances where no QLR was available.
- Cases
- Domestic Abuse
- Qualified Legal Representative
- Case Management
The Intersection Between LSPOs and Economic Abuse
Recent years have seen increasing awareness of economic abuse, and how the financial remedy process can be manipulated as a tool of such abuse. However, one aspect of this has had little attention: the intersection between economic abuse and LSPOs.
- Blog
- Domestic Abuse
- Legal Services Payment Orders
!08/02/2024 11:39
Is It Time to Consign the ‘Gasp’ Factor to the History Books?
In the private law arena, the Family Court has taken huge strides forward in its understanding and approach to coercive control, following the landmark case of Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. We know now that domestic abuse and coercive control is linked with poorer financial outcomes for victim-survivors and their children, and that the harm victim-survivors experience is caused by coercion and control – not only by the severity of the injury from a specific incident.
- Blog
- Domestic Abuse
- Coercive Control
!18/10/2023 14:23
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