When a marriage ends, there are many factors to take into account—the children, the family home, and the finances. But how are these things treated if there is domestic abuse in marriage? Does it make a difference to the divorce settlement? This article answers these questions and more.
When a marriage ends, there are many factors to take into account—the children, the family home, and the finances. But how are these things treated if there is domestic abuse in marriage? Does it make a difference to the divorce settlement? This article answers these questions and more.
What amounts to domestic abuse?
The definition of domestic abuse has been expanded to include things such as emotional, physical, and psychological abuse, sexual violence, and coercion (including financial control) between parties over the age of 16 who are, or have been, in an intimate relationship or are family members. Domestic abuse can also include a pattern or an incident of controlling or coercive behaviour and gaslighting.
Gaslighting is defined as a form of psychological manipulation and emotional abuse where an individual is systematically made to doubt their own perceptions, memory, and sanity. This enables the perpetrator to gain control and exercise power over their victim by employing tactics such as denying facts, dismissing feelings as exaggerated, and blaming the victim to erode their sense of reality.
Is domestic abuse in marriage considered in a divorce settlement?
Section 25 of the Matrimonial Causes Act 1973 sets out a range of factors the court must consider when making a financial settlement arising from divorce. Incidents of domestic abuse may sometimes fall with “qualifying” conduct; however, in practice such behaviour must be at the more extreme end of the scale. In reality, the court rarely considers conduct even when allegations have been made to the police.
The extent to which domestic abuse affects a financial settlement depends on the effect the perpetrator’s behaviour has on the other factors within s25. As a result, only cases of egregious violence will have a notable impact on the division of assets.
For example, if financial coercive control has been a factor or domestic abuse has affected the victim’s income or ability to earn a living, this could cause difficulties in moving towards financial independence. This is likely to be relevant when determining apportionment of matrimonial assets. Find out more about the factors affecting financial settlements here.
Financial implications of domestic abuse on divorce settlements
Domestic abuse, including financial and coercive control, may affect the negotiation and division of property in a divorce if one party manipulates or conceals their financial information. This can lead to unfair settlements because the victim may not realise the full extent of the matrimonial wealth, particularly if the other party dealt with the family finances throughout the marriage.
Bank accounts, investments and other property that may have been hidden can complicate the process of division. This is because if one party deliberately reduces or hides wealth in order to limit their liability or to avoid sharing it with the other party, it can affect the fairness of the settlement. In these circumstances, financial disclosure is essential to ensure transparency.
Financial coercive control during a marriage is often continued into the divorce. The perpetrator may restrict the victim’s access to money, monitor their spending, or limit their financial independence. This can create a huge imbalance of power during divorce negotiations. It is common for victims of financial abuse to face significant challenges in securing a fair financial settlement because they lack access to the necessary information and resources to secure legal assistance.
Here, the court may take such conduct into account when making a financial order and award a greater share of the matrimonial assets to the victim to ensure a fair outcome. In cases where there is strong evidence of financial coercive control and possible hidden assets, a family solicitor may seek expert help in the form of forensic accountants. This can uncover hidden assets or identify financial control and manipulation.
Will I be homeless if I leave because of domestic abuse?
It is not uncommon for victims of domestic abuse to leave the family home to escape a violent relationship. Although most won’t be living rough on the streets, they may find themselves in far from adequate housing, such as converted office blocks with shared facilities. This often leaves the victim feeling they have no choice but to return to the perpetrator.
The shortage of housing has not eased, and the private rental sector is increasingly unaffordable to those fleeing violent households, particularly when their ex has been controlling the finances. In addition, the victim may not have sufficient funds to meet extortionate deposits, be forced onto benefits or have a low income. Nevertheless, the local authority has a duty to provide homelessness assistance to anyone who becomes homeless because of domestic abuse. In addition, victims cannot be considered as having made themselves intentionally homeless by leaving the matrimonial home, something that otherwise can affect housing eligibility.
What are the emotional and psychological effects of divorcing an abusive spouse?
Victims of domestic abuse often suffer long-term emotional and psychological damage which leaves lasting scars including depression, anxiety and a diminished sense of self-worth. Perpetrators often use tactics such as gaslighting, manipulation, and isolation, which can erode someone’s confidence and sense of reality over time. This behaviour can persist beyond separation making it challenging for the victim to feel secure during the divorce process.
Leaving an abusive relationship can take a psychological toll, particularly when you factor in the divorce itself and financial proceedings. The party seeking the divorce may feel overwhelmed, confused or fearful, which can result in making decisions about asset division or arrangements for the children, difficult. This is especially true if the abuser continues to exert control or influence during the divorce process.
What are the legal protections for victims of domestic abuse during divorce?
Victims of domestic abuse can apply for a non-molestation order within family proceedings which prevents the perpetrator from harassing or contacting the victim. This safeguard offers immediate relief and helps victims feel safe during the divorce process.
In addition, an injunction can be sought which can extend beyond divorce proceedings or be obtained following criminal action for domestic abuse. Occupation orders are also used to prevent the perpetrator from entering the family home, which allows the victim to stay in the property.
These legal measures address immediate safety concerns and enable the victim to live without fear of further intimidation or violence.
What is the role of expert witnesses where domestic abuse is alleged in the divorce process?
Expert witnesses can be crucial in divorce proceedings where domestic abuse is alleged. Their evidence provides the court with specialist insights into the psychological and financial impact of abuse, helping to substantiate the victim’s claims.
Psychologists or psychiatrists may assess the emotional harm caused by abuse, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Their assessments often draw on interviews, psychological testing, and medical records. By outlining the long-term effects of abuse, these experts can validate the victim’s experiences and assist the court in making decisions about child arrangements or the division of assets. They may also explain how abuse has undermined the victim’s ability to make informed decisions or negotiate a fair settlement.
Where financial abuse is alleged, forensic accountants or other financial experts can play an equally important role. Economic abuse often involves restricting access to money, concealing assets, or manipulating financial information to create dependency. Financial experts investigate hidden assets, unusual transactions, or discrepancies in financial records. Their findings help ensure that marital assets are fully disclosed and fairly divided, preventing one party from gaining an unfair advantage through concealment.
In addition to expert witnesses, evidence from family members, friends, or neighbours can also be highly persuasive. Witness statements from those who have observed abusive behaviour, or noticed changes in the victim’s well-being, can provide valuable corroboration. For example, a neighbour who has overheard violent arguments or a relative who has seen the victim’s emotional decline may give evidence that supports the victim’s account.
This can make it harder for the perpetrator to deny allegations and helps balance the power dynamics within the case. By reinforcing the victim’s claims, these witnesses contribute to a fuller understanding of the abuse and support a fairer outcome in the divorce process.
Support services and resources
Victims of domestic abuse who are going through divorce have access to a range of services offering both legal and emotional support:
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Women’s Aid – A leading charity that provides a helpline, safe refuge, and support services for women. They also offer guidance on legal issues and emotional support throughout the divorce process.
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National Domestic Abuse Helpline – A free, confidential service offering advice and practical help, including support in accessing legal assistance.
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Relate – Provides counselling and emotional support to individuals navigating the challenges of divorce.
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Rights of Women – Offers free legal advice to women experiencing domestic abuse, with particular expertise in family law matters such as divorce and child arrangements.
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National Centre for Domestic Violence (NCDV) – Specialises in helping victims secure emergency injunctions and offers continued support during legal proceedings.
These organisations not only provide vital emotional support but also help victims navigate the legal complexities of divorce, ensuring they are protected and properly represented.
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