Domestic Abuse
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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SS v RS [2023] EWFC 32 (Fam)16 March 2023
Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…
- Cases
- Domestic Abuse
- Costs
- Undertakings
- Striking Out Applications
- Compensation Principle
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