While the family justice system exists to resolve disagreements over finances or children, there are occasions when legal proceedings themselves are used as a weapon rather than as a means of achieving a genuine resolution. This increasingly common problem is known as lawfare.
While the family justice system exists to resolve disagreements over finances or children, there are occasions when legal proceedings themselves are used as a weapon rather than as a means of achieving a genuine resolution. This increasingly common problem is known as lawfare.
The term has gained prominence in recent years as family lawyers and judges have become increasingly concerned about parties who misuse the legal process to exhaust, intimidate, or punish the other side. Rather than focusing on finding practical solutions, some individuals engage in relentless applications, repeated allegations, and unnecessary litigation in an effort to maintain control or inflict emotional and financial damage. Such conduct can have devastating consequences for former spouses, partners, and children alike.
Understanding lawfare in family proceedings
Lawfare involves using court proceedings not primarily to resolve disputes, but to exert pressure over another person. For example, one party may make repeated applications that have little prospect of success. Others may seek to delay proceedings for as long as possible, refuse to comply with court orders, or raise allegations that are unsupported by evidence. In some situations, proceedings concerning finances, children, and even injunctions may be pursued at the same time, creating a constant cycle of litigation.
Apart from the obvious financial burden, prolonged proceedings can take a severe emotional toll, with individuals often finding themselves unable to move on with their lives because they remain trapped in an endless sequence of disputes.
Family court judges have gradually acknowledged that litigation itself can become a form of abuse. In cases involving coercive or controlling behaviour, the misuse of legal proceedings may represent a continuation of patterns established during the relationship.
When legitimate claims become weapons
Family disputes are complex, and people are entitled to pursue claims they genuinely believe to be justified. However, problems arise when proceedings are brought for ulterior motives, such as a former spouse repeatedly challenging issues that have already been decided, despite there being no material change in circumstances. Others may use the court process to delay financial settlements or frustrate the sale of property.
In child arrangement cases, one parent may make successive applications seeking minor amendments, not because the arrangements are failing, but because they wish to maintain control over the other parent or increase pressure during financial negotiations.
Perhaps one party refuses to provide financial disclosure, resulting in repeated hearings and mounting legal costs. By dragging matters out, they hope their former spouse will eventually abandon some of their claims simply to bring the process to an end.
Such behaviour undermines the purpose of family proceedings and places unnecessary strain on an already overstretched court system.
Divorce tactics used to wear down the other party
Certain divorce tactics are particularly associated with litigation abuse. Deliberate delay is one of the most common methods, where a party ignores requests for disclosure, fails to comply with directions, or makes last-minute applications that cause hearings to be adjourned. While each individual step may appear relatively minor, the cumulative effect can add months or even years to proceedings.
Another tactic involves flooding the court with excessive documentation or raising numerous peripheral issues that distract from the central dispute. This approach increases costs and forces the other side to devote significant time and resources to responding.
Allegations concerning finances or parenting arrangements may be advanced with little supporting evidence, creating further hearings and prolonging the dispute.
Some parties choose to represent themselves while pursuing repeated applications. Although many litigants in person act reasonably, a minority exploit the process by making serial applications that require continual responses from the other side.
These forms of divorce tactics can leave individuals feeling overwhelmed and emotionally exhausted. In many cases, the intention is not necessarily to win every application but simply to keep the conflict alive.
The Stalingrad strategy and endless litigation
The name originates from the Second World War battle of Stalingrad, where the objective was to wear down the opposition through prolonged conflict.
Applied to family disputes, this strategy involves making proceedings so lengthy and expensive that the other party eventually gives up. A litigant may raise multiple objections, appeal decisions, or repeatedly revisit issues that have already been determined.
For example, a husband disputing financial matters following divorce may challenge valuations, seek repeated adjournments, and resist every procedural step. Although none of these actions individually appears unreasonable, together they create an exhausting process.
The danger is that justice may become inaccessible to the party with fewer resources with individuals finding themselves forced into accepting less favourable settlements simply because they cannot continue to bear the emotional or financial burden.
This is one reason concerns surrounding lawfare have attracted increasing attention within the family law profession.
How the family courts are responding to lawfare
Judges have broad case management powers designed to prevent abusive litigation. They may dismiss applications lacking merit, impose costs orders, restrict further applications, or make directions aimed at ensuring proceedings are conducted efficiently.
The courts increasingly recognise the relationship between litigation abuse and domestic abuse. Coercive and controlling behaviour does not necessarily end when a relationship breaks down. Instead, some individuals continue their pattern of control through the legal system itself.
Practice reforms have sought to reduce opportunities for unnecessary conflict, and greater emphasis is now placed on non-court dispute resolution, including mediation and private financial dispute resolution hearings. These methods encourage constructive engagement and can often prevent matters from escalating.
Where one party is engaging in persistent and unreasonable conduct, judges are willing to intervene to protect both the integrity of the process and the welfare of children involved.
Recognising harmful divorce tactics
It can sometimes be difficult to distinguish between robust litigation and abusive conduct. Nevertheless, several warning signs may indicate that proceedings are being abused:
- Repeated applications concerning issues that have already been resolved
- Constant delays, refusal to comply with court orders, or raising allegations without supporting evidence
- A parent who continually seeks to reopen settled matters
- Persistent arguments over minor issues
Understanding these warning signs allows individuals and their legal advisers to take appropriate steps and seek assistance from the court where necessary.
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