How does domestic abuse show itself in financial proceedings on divorce?
When divorcing a partner who has been abusive throughout the relationship, it is often thought that the abuser continues his or her behaviour during financial proceedings, often making finalisation of matters on divorce a very difficult process.
Cases that I have been involved in have shown that examples of this continued abuse can be:
- A refusal to comply with court orders
- A refusal to negotiate at all – which is required by the court
- A refusal to provide financial disclosure
- Deliberately delaying proceedings
- Insisting that mediation is a suitable process
- Making efforts to exhaust their spouse’s financial resources by prolonging, delaying or being obstructive during the court process.
Although ‘conduct’ has to be significant and serious for the court to take it into account as a separate factor on divorce, the court does need to have ‘regard to all the circumstances of the case’ when exercising its wide discretion in deciding a case.
Because of the case management process, it is difficult for the person on the receiving end of the abuse to make it clear to the court that the other party has been abusive, when at the early stages of proceedings everything is dealt with on paper and no detailed evidence is given to the court. Many people, understandably, want the Judge in their case to be aware of the behaviour of their ex-partner at each hearing. This leads to frustration during the early stages, however a solicitor with experience of dealing with these kinds of behaviours will be able to conduct the case in such a way that it takes full account of the delaying and obstructive behaviour of the other party, getting before a Judge for a decision as soon as possible.
If you would like to discuss your own situation in confidence, please contact Louise Barretto on telephone 020 7439 8692 or by email: louise.barretto@russells.co.uk
