Senior Associate Solicitor Stuart Barton shares some insight into the recently published ‘Resolution’ Report…

After extensive consultation with over 500 legal professionals specializing in family law, Resolution has now published its long-awaited report into Domestic Abuse in Financial Remedy Proceedings. Resolution is a nationwide network of family legal professionals who work with families and individuals to resolve family disputes, whether concerning money or children, in a constructive way. Members of Resolution subscribe to a Code of Conduct which applies to how they act on behalf of their clients and with third parties and fellow legal professionals, as well as individuals who may not have a legal professional assisting them.

The report was commissioned by Resolution to consider the existing laws and procedures governing the relationship between domestic abuse and division of finances upon separation and divorce. Respondents to the consultation process were asked to provide their own views on whether existing laws and procedures were ‘fit for purpose’ and what their own experiences were of representing clients in this challenging area of law.

The report makes sobering reading. Its key conclusions are:

• That economic or financial abuse occurs in nearly every single domestic abuse case concerning financial remedies.

• Around 90% of legal professionals believe that there is insufficient access to Legal Aid for victims of domestic abuse who seek to resolve financial remedies arising from divorce or separation. This applies both in respect of the restrictive eligibility requirements for Legal Aid and the shortage of legal professionals who undertake financial remedy work at Legal Aid rates.

• Around 80% of legal professionals believe that domestic abuse/economic abuse is not sufficiently taken into account in financial remedy proceedings for divorcing couples.

• Around 85% of legal professionals believe that that domestic abuse/economic abuse is not sufficiently taken into account in cases where unmarried parents are seeking financial support for their children via the court.

• Around 87% of legal professionals believe that that domestic abuse/economic abuse is not sufficiently taken into account in cases where former cohabitants are seeking to resolve financial matters with their former partner.

The above conclusions are not unexpected. What really matters is what practical changes might be introduced and adopted to address what is clearly an unsatisfactory situation for victims of domestic abuse. Needless to say, there are no quick fixes but the report does offer some sensible recommendations. These include both a relaxation in the financial thresholds and eligibility requirements for Legal Aid and an increase in the rates of pay for financial remedy Legal Aid work to try and widen the number of available practitioners.

As illuminating and helpful as the report undoubtedly is, any hopes for the rapid introduction of any of the above changes are likely to be misplaced. Resolution was instrumental in campaigning for the introduction of ‘no-fault divorce’ but it took decades of pressure before this was finally rolled out in April 2022. Bringing the report to the wider attention of the public and the legal profession generally are positive steps but even with the support and endorsement of the Law Society and other professional bodies, significant change and reform in this area is likely to be a laborious process.

If you would like to read the report, this is available via the resolution website here