Does CCB underpin the whole of family law practice?

Graeme Fraser Head of Family and Partner OGR Stock Denton LLP

The recently expanded definition of domestic abuse to include coercive and controlling behaviour (‘CCB’) is having a profound impact beyond children law that everyone involved in family justice needs to recognise. CCB includes economic abuse which can continue after the relationship has ended and in financial proceedings. CCB is a particular risk in financial remedy and Sch 1 cases involving ongoing obligations. Practitioners need to be particularly careful when preparing and negotiating nuptial agreements to check for signs of CCB. In financial remedy cases Conduct includes economic oppression for selfish or malicious reasons that is inequitable to regard. However it has been argued that CCB is more likely to be reflected in the form rather than the substance of the order. CCB may also affect the arguments for cohabitation law reform. In the absence of a legal mechanism forcing parties to resolve disputes fairly victims of abuse are left at a particular disadvantage disproportionately affecting some black and minoritised women. Policy makers should have regard to the extent that CCB itself forms a...

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