Post separation domestic and economic abuse

Resolution, of which I am member, released a report in October 2024 that highlights how domestic abuse or more specifically, economic abuse, has a bearing on financial disputes relating  to Schedule 1 claims, (awards for parents of children), matrimonial finances and separating cohabiting unmarried couples.

More specifically, the report calls out the behaviours exhibited by the specific parties of unmarried couples or spouses / civil partners who, post-separation, hold up proceedings unnecessarily, intentionally withhold financial information, bully the other party or breach Court Orders; as post separation domestic abuse. 

Resolution’s research reflects the belief held by the vast majority of Family law practitioners that the law needs to change to put in place additional protective measures to safeguard against post separation domestic abuse. 

The full version of ‘Domestic abuse in financial remedy proceedings (October 2024)’ from Resolution can be read here.

What recommendations have been made? 

There are many recommendations made by the report for procedure and the law to change and vitally, these recommendations are made with the insight of victim-survivors who have experienced this form of abuse, all while they are managing the process of resolving their financial dispute.

These recommendations include but are not limited to the following: 

• That all case management decisions (how the case is managed by the Court) made by the judiciary, will safeguard against post separation domestic abuse. 
• That there is no misunderstanding between parties that the duty of honest, full and frank disclosure begins from the outset of the dispute. 
• If there is post separation domestic abuse, prolonging efforts to resolve matters through non-Court dispute resolution, are put aside and the Court intervenes as soon as possible.
• Awards following financial arbitration and agreements made at Financial Dispute resolution hearings are expedited to reduce the suffering of victims. 
• The consequences of non-compliance with a Financial Remedy Order are decided at the time of making that Order. 

There are many other recommendations, but it should be made clear that Resolution also calls for a fact-finding hearing, where domestic abuse is likely to have a bearing on the case, to deal with evidence in a timely and consolidated manner to assist in reducing stress and trauma on the victims.

What is economic abuse? 

Economic abuse is a form of domestic abuse that is legally acknowledged, as outlined in the Domestic Abuse Act 2021. This type of abuse occurs when one partner exerts control over the money, finances, and purchasing decisions of their partner or ex-partner.

Economic abuse can take various forms related to financial matters. Some individuals attempt to exert control over aspects such as income, expenditures, bank accounts, bills, and the buying of essentials like food, clothing, or even luxuries. Others seek to dictate how money is allocated for transportation and technology, aiming to control their partner's social interactions, work, or communication methods.

How can Hegarty help? 

If you are going through a separation or divorce where the financial outcome may be affected by domestic or economic abuse, or if you have any inquiries regarding a family law issue, please reach out to our friendly and knowledgeable team of family lawyers today.

Domestic abuse is defined at s1(3) of the Domestic Abuse Act 2021 as follows: 

‘Behaviour is “abusive” if it consists of any of the following’: (a) physical or sexual abuse; (b) violent or threatening behaviour; (c) controlling or coercive behaviour; (d) economic abuse (see subsection (4)); (e) psychological, emotional or other abuse; and it does not matter whether the behaviour consists of a single incident or a course of conduct.’