If you are going through a divorce or separation and have experienced domestic abuse, you may be surprised to learn that the family court system does not always take that abuse into account when deciding financial outcomes. A recent report from the Domestic Abuse Commissioner has highlighted a troubling reality: while abuse is present in the vast majority of family court cases involving children, it is often ignored when it comes to dividing finances.
The law currently says that a person’s behaviour will only affect financial decisions if it is so serious that it would be unfair to ignore it. In practice, this sets a very high bar—meaning that even long-term emotional, physical, or financial abuse may not be considered unless it is deemed “exceptional.”
This can leave many people feeling unheard and unsupported. Abuse is not just about physical harm—it can affect your mental health, your ability to work, your housing needs, and your overall wellbeing. Yet, victims are often discouraged from raising these issues, and when they do, they may be told it is not relevant to the financial side of their case.
Even when the courts do acknowledge abuse, the experience can be overwhelming. Victims may have to sit in the same room as their abuser, struggle to follow proceedings due to anxiety, or face delays and tactics designed to wear them down. Some give up altogether.
There have been improvements—such as protective orders and measures to prevent direct cross-examination—but the system still has a long way to go. The current legal approach does not reflect the everyday reality of abuse, and that needs to change.
If you are a victim-survivor, your safety, your health, and your future matter. You deserve to be heard, and your experiences should be part of the conversation when decisions are being made about your financial future.
If this resonates with you, please know you are not alone. We understand how complex and emotionally draining these situations can be. Our team is here to listen, support, and advocate for you—ensuring your voice is heard and your needs are recognised throughout the legal process.
Contact us today to speak confidentially with a solicitor who understands the impact of domestic abuse and can guide you through your options.
How Nelsons can help
Hannah Bridgwood is a Senior Associate in our expert Family Law team. She specialises in cohabitation, the breakdown of marriages and civil partnerships and domestic abuse.
If you have any further questions or want to discuss any aspect of this article, please contact Hannah or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
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