Domestic abuse and financial remedies—making the case for a new approach

It is only in rare and ‘extreme’ cases that English family law takes account of domestic abuse as conduct that is relevant to the redistribution of assets on divorce. Recent family law reform debates and empirical research have exposed many of the challenges faced by victims–survivors, both in terms of securing a fair financial outcome following divorce and in navigating the family justice system. Recognizing the economic impact of abuse on the victim–survivor and adopting a relational autonomy lens, this article makes a case for a more responsive approach from the family justice system—one that acknowledges the importance of access to material resources to aid recovery from abuse. While it is recognized that there are inherent challenges involved in taking greater account of abuse when dividing assets, the article nonetheless concludes that the family justice system must change its approach if it is to fulfil its commitment to tackling domestic abuse and its impacts.