What happens in cases involving domestic abuse?

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A recent study indicates that women in England and Wales who have gone through domestic abuse face greater financial insecurity compared to other women after divorce and beyond. The research, conducted by the University of Bristol and supported by the Nuffield Foundation, also highlights the critical role of the legal system for survivors of domestic violence and the insufficiency of legal aid in aiding their financial matters during divorce.

Prior to this study, the financial arrangements made by divorcing couples had not been thoroughly investigated. The findings show that many divorcees possess surprisingly limited assets to divide, with women who have faced domestic abuse confronting significant financial difficulties in contrast to their counterparts.

“This research sheds new light on the multiple financial pressures and disadvantages female domestic abuse survivors encounter when divorced,” said Lead author Emma Hitchings, Professor of Family Law at the University of Bristol.

“Also, we found very few female domestic abuse survivors had successfully used mediation to reach a financial settlement. Domestic abuse survivors were in addition more likely than other divorcing women to use contested court proceedings, therefore highlighting the vital role of court orders and formal legal processes in such situations.”

The increased financial vulnerability faced by female survivors of domestic abuse as evidenced by their often having fewer assets to divide compared to other individuals going through a divorce, with the marital home less frequently being owner-occupied and these survivors being less likely to possess a pension.

Compounding the financial difficulties, a significant majority (61%) of female survivors surveyed had children under the age of 18. Almost a quarter (24%) of these women were unemployed at the time of their separation. Those who were employed earned considerably less than their counterparts, with nearly double the percentage (39% compared to 22%) earning less than £1,000 a month after tax.

It was observed that abuse survivors were approximately twice as likely as other divorcees to be unaware of their ex-partners’ financial situation and assets, which could leave them at a disadvantage during financial discussions. Almost one-third (29%) of the female survivors reported having very limited knowledge, in contrast to 17% of other women undergoing divorce.

Professor Hitchings said, “Given these additional challenges and uncertainties, it’s unsurprising that abuse survivors were more likely to use lawyers to sort out their finances on divorce. The majority of female survivors instructed lawyers for the whole process and said they didn’t feel comfortable negotiating with their ex-spouse.”

While a similar number of female abuse survivors and other women going through divorce sought mediation to resolve financial issues, this approach was significantly less successful for survivors.

The results indicated that just 4% of financial arrangements for female survivors were settled through mediation, in contrast to nearly one in five (19%) for other divorced women. Survivors were more inclined to pursue contested court proceedings, with 17% of female survivors stating that their case was resolved by a judge, compared to only 4% of other female divorcees.

“These findings have implications for policy and practice, particularly regarding the current prioritization of and use of non-court dispute resolution, where domestic abuse has been found or alleged,” added Professor Hitchings.

Survivors of domestic abuse are eligible for means-tested legal aid to assist with their divorce-related legal expenses. Despite domestic abuse survivors typically facing higher legal and/or mediation costs in managing their divorce finances, a limited number are utilizing this financial aid. The results showed that merely 16% of female survivors received legal aid, while half financed these services out of their own pockets.

“This may be due to eligibility issues or the stringent financial means test to access legal aid. The fact that many survivors of domestic abuse are funding their own cases is concerning, particularly as the findings show domestic abuse survivors often have lower incomes and lower-value financial assets than other women. Without legal aid, the costs involved may make it even more difficult for a survivor going through a divorce,” Professor Hitchings explained.

The process of arranging and receiving child maintenance has proven to be challenging. Even when an official arrangement exists, female abuse survivors were found to be four times more likely to report that they had never received their child maintenance payments compared to other women facing similar situations.

Results indicated that female abuse survivors experienced heightened financial difficulties continuing even after divorce. Up to five years post-divorce, they remained less likely than other divorced women to hold full-time jobs, with nearly a third (32%) relying on Universal Credit, compared to 17% of other divorced women. Nevertheless, a greater number of female survivors indicated that they felt financially more secure than when they were married, in contrast to other women.

“Despite facing significant financial challenges across the board, exiting an abusive relationship has clearly given many women a greater sense of control over their money and lives,” Professor Hitchings concluded. “This report marks an important new milestone in understanding how abuse survivors fare in relation to their finances on divorce. It also emphasizes the necessity of the legal system in supporting them to settle money matters, which are much less likely to be resolved informally.”

Ash Patel, Justice Programme Head at the Nuffield Foundation, said: “This research reveals the financial costs survivors of domestic violence and abuse bear because of divorce. Compounding the physical, mental, and social scarring of domestic violence, the research, for the first time, shows the true financial cost women, in particular, face as a consequence of divorcing.

“The finding that survivors often feel financially better off despite being materially worse off provides little confidence in a system that should help to secure a fair share of assets and adds weight to the argument for better access to legal advice and support to this underserved group.”

Journal reference:

  1. Emma Hitchings, and Caroline Bryson. Dividing property and finances on divorce: what happens in cases involving domestic abuse?

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