Today the Government published its long-awaited White Paper consultation, A Fairer End to Relationships, proposing wide-ranging reforms to the law governing financial arrangements when relationships end, for both married couples and cohabitants.
The consultation gives a striking prominence to the issue of domestic abuse in the context of finances on relationship breakdown.
The Government explicitly recognises the long-term financial hardship experienced by victim-survivors and the ways in which abuse can continue after separation, including through the financial remedy process itself. It acknowledges that as understanding of domestic abuse, including economic abuse, has developed, so too have the calls for reform.
Importantly, the consultation challenges the increasingly criticised "gasp factor" approach to misconduct in financial remedy cases, stating that it risks trivialising domestic abuse and fails to reflect the seriousness of such behaviour. As the Government notes, judges who deal with domestic abuse regularly may be less likely to "gasp" at conduct that is nonetheless deeply harmful.
The consultation also recognises the evidence of abuse being perpetrated through the financial remedy process, including concerns around procedural protections, economic abuse within proceedings, and the failure of some perpetrators to comply with court orders. Effective enforcement is rightly identified as a critical issue.
After three years of research, debate and relentless campaigning by so many dedicated family lawyers, academics and domestic abuse organisations, it is hugely encouraging to see these issues placed firmly on the national agenda and under formal consideration for reform.
The consultation is open until 14 August.
If you are a victim-survivor of domestic abuse, or work with those affected by it, I would strongly encourage you to respond if you feel able. Meaningful reform depends on ensuring that the experiences of victim-survivors are heard.
Share your views here: A fairer end to relationships consultation - Ministry of Justice - Citizen Space
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