Domestic abuse in financial remedy proceedings: not just conduct

Holly Symonds 5 Pump Court

This article explores why domestic abuse is a topic that has been relatively underdeveloped in the field of financial remedies compared to other areas of family law. It encourages practitioners to consider domestic abuse beyond asking whether it amounts to conduct as per section 25(2)(g) of the Matrimonial Causes Act 1973 and provides some direction as to when and how it may be relevant. It further considers what factors to consider in advising when it is appropriate to run a ‘conduct’ argument. The article also critiques the tests elucidated in case law on when personal conduct amounts to ‘conduct’ and queries whether they are congruous with a modern understanding of domestic abuse. Lastly this article provides an reminder that domestic abuse may be relevant not just to quantum of any award but also to the structure of an award. 

The full article will be published in the June issue of Family Law. 

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Read the full article here.