Divorce and Financial/Domestic Abuse
18th July, 2024
Leaving an abusive relationship is a courageous decision, but the financial implications can feel daunting.
If you’re considering divorce due to domestic abuse, our divorce solicitors can support you legally and emotionally during this challenging time in your life.
Understanding domestic and financial abuse
Domestic abuse manifests in numerous ways, and one particularly form is financial abuse, a tactic deliberately employed to exert control, strip autonomy, and manipulate victims into a state of dependency and helplessness. Here are some examples:
- Financial control: Denying access to bank accounts, credit cards, or cash. Demanding justifications for every penny spent, even for basic necessities. Refusing to provide the other party with any insight into their finances.
- Debt in your name: Taking out credit cards or loans in your name without your consent, sabotaging your credit score.
- Exploiting your finances: Withholding contributions to household bills or forcing you to take out loans to cover essential expenses.
- Preventing financial independence: Discouraging or preventing you from working, taking control of your career choices, or hiding income sources.
These tactics can leave one feeling out of control, stripped of autonomy, trapped and dependent on the abuser.
Your rights during a divorce
Divorcing your spouse can feel uncertain and confusing , especially if you’re experiencing or have experienced any of the situations previously discussed. However, we’re here to remind you that you have the right to the following:
- Financial disclosure: Your ex-partner has a legal obligation to disclose all financial information. A divorce solicitor can help ensure full disclosure and potentially use forensic accounting to uncover hidden assets.
- Fair division of assets: Marital assets, including property, savings, and investments, are divided fairly considering the impact of financial abuse. A divorce solicitor can argue for a greater share to compensate for your financial disadvantage.
- Seeking spousal maintenance: Financial abuse may leave you struggling financially. A divorce solicitor can argue for spousal maintenance, and temporary or ongoing financial support from your ex-partner, to help you rebuild your life.
- Securing child support: If children are involved, a divorce solicitor will ensure proper child support arrangements are in place.
Protecting your wellbeing
Our solicitors are specialist-trained in domestic abuse and understand the gravity and complexities of these situations. They are trained to handle your case with sensitivity and discretion, prioritising your safety:
- Obtaining protection orders: If you fear for your safety, domestic violence solicitors can guide you through the process of obtaining non-molestation and occupation orders to keep you and your children safe.
- Connecting with support services: They can connect you with domestic violence support organisations offering emotional support, safe housing options, and legal aid resources.
Ward Hadaway are here to help you take back control
At Ward Hadaway, we understand that divorce can be an emotionally and financially confusing process.
However, with the right support system and a skilled divorce solicitor on your side, you can secure a brighter future, free from financial and emotional abuse.
Contact us to take the first step towards taking back control of your life.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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