What is Domestic Abuse and Coercive Control?
An estimated 2.3 million people, aged 16 years and over have experienced domestic abuse in the year ending March 2024 according to government statistics. A shocking statistic.
Domestic abuse is defined as any of the following types of behaviour:
- Physical or sexual abuse;
- Violent or threatening behaviour
- Controlling or coercive behaviour;
- Economic abuse;
- Psychological, emotional or other abuse.
The government over recent years, have strengthened the laws surrounding domestic abuse and in particular coercive control – in 2015, coercive and controlling behaviour was made a criminal offence. On 03 February 2025, offenders convicted of coercive and controlling behaviour face tougher management from police and probation services, placing the crime “on par” with other domestic abuse offences – a step that has been welcomed by many charities and advisors who work with victims of domestic abuse.
Many victims of coercive and controlling behaviour, may have experienced some of the following types of behaviour during the course of a relationship:
- Isolation from friends and family;
- Taking control of the finances (i.e. what you may spend money on);
- Controlling who they can spend time with;
- Making them feel fearful or scared if they don’t comply.
Tactics can often be subtle and escalate slowly. For many victims, who are often dependant on the perpetrators or scared about the repercussions of leaving the relationship, it is a big step to seek advice about exiting the relationship.
In this blog, I explore the impact of domestic abuse and controlling and coercive behaviour on a divorce and the separation of finances and how we can help victims through the process.
Impact on proceedings
As outlined above, one of the typical presentations of controlling and coercive behaviour, is where a spouse will control the other’s finances, for example, by restricting their ability to earn money or control what they spend money on.
Unfortunately, where there is controlling and coercive behaviour, there is often an imbalance in bargaining power and the victim can feel pressured into accepting what the perpetrator is offering.
The perpetrator can often use several tactics to continue the imbalance by withdrawing ongoing financial support and/or may try to prolong any proceedings in order to exhaust the victim’s resources.
However, there are several mechanisms that the family Court can adopt to try and redress the balance of bargaining power as follows:
- Interim maintenance – if the victim’s financial support has been withdrawn or is insufficient and the perpetrators financial position is as such that he/she has sufficient resources to assist, the Court can order the perpetrator to pay interim maintenance until the conclusion of the litigation;
- Legal Funding – in circumstances where the victim has no ability to raise funds for the payment of ongoing legal advice, the Court can order the perpetrator to pay the victim’s legal fees in the first instance.
However, before any such applications are made, advice should be sought about the prospect of success.
On a more practical level, seeing the perpetrator in Court can often be a daunting prospect for victims. The Court can implement a number of special measures including the use of screens and separate waiting rooms, to try and protect the victim.
Impact on financial settlements
One of the questions, family lawyers are asked, is whether the abuse will be taken into account in any financial settlement. Ultimately, the answer is, it will depend.
When looking at the parties financial position, the Court will not “rake over the coals of the marriage” and seek to attribute blame for the relationship breakdown. Recent cases seem to suggest that domestic abuse and controlling behaviour is only conduct that will be taken into account, if it affects either party’s financial circumstances.
A Court is obliged to consider all of the circumstances of the case. If a perpetrator has taken control of the finances and for example prevented the victim working and generating her own income and future earning potential, the victim may require ongoing spousal maintenance and support to be able to re-house in the future.
It is important to seek advice at an early stage as to the impact of any domestic abuse and controlling and coercive behaviour to understand how it may impact any settlement.
Practical advice
For victims of domestic abuse and controlling and coercive behaviour, the first step is to regain that control from the perpetrator. Reaching out to therapeutic services, such as a a coach, counsellor, therapists or charities can provide you with immediate support.
As outlined above, taking legal advice is a big step. However, it is important that you seek advice as early as possible in order to safeguard yourself and any children.
At Gardner Leader, we understand the impact that domestic abuse and controlling and coercive behaviour can have and we are able to assist you in navigating the issues and try and obtain the best possible outcome to provide peace of mind for the future. Contact Rosie Deller or read more information regarding our Family Team Services.