Domestic abuse and divorce

Domestic abuse is a deeply distressing issue that affects individuals from all walks of life. In the year ending March 2024, approximately 2.3 million adults aged 16 or over in England and Wales experienced domestic abuse. This figure includes 1.6 million women and 712,000 men, indicating that while domestic abuse affects all genders, women are disproportionately impacted. The COVID-19 pandemic undoubtedly exacerbated domestic abuse due to lockdown measures, increased economic stress, and isolation. Many people found themselves confined with their abusers, with limited access to support services. This situation led to a significant surge in domestic abuse cases, highlighting the vulnerability of women in particular. Unfortunately, separation and divorce can also be catalysts for worsening abuse including through the legal process itself.

Historically, societal attitudes have downplayed certain forms of abuse, mainly non-physical ones, which has affected the ability of victim survivors to access support and assistance in those circumstances. There are also several challenges which persist in addressing domestic abuse including underreporting, poor coordination between agencies, and the lack of resources and funding for domestic abuse support services.

Public perceptions of domestic abuse are now starting to evolve as a result of significant changes in the law and new national programs of education and awareness. As part of that, domestic abuse has featured prominently in recent television shows and films focusing on the more subtle forms of abuse through coercive control and emotional abuse. Awareness campaigns have been run through social media by Women’s Aid and UK Says No More, and domestic abuse charities have started to work with media outlets to establish more responsible reporting around domestic abuse and to offer training initiatives.

Emotional abuse is an often-hidden form of domestic abuse, and one that can be difficult to describe and pinpoint. Nevertheless, it has a devastating psychological impact on victim survivors and is an important reminder that domestic abuse is not just physical. Coercive control and emotional abuse can have long-lasting effects, isolating the victim survivor from friends and family, manipulating them and eroding their confidence. Many victim survivors face manipulation, gaslighting, and the gradual loss of independence. As it happens gradually over a period of time, it can also be hard for victim survivors to immediately see it as abuse.

An emotionally abusive spouse can also make the divorce or separation process significantly more difficult. Victim survivors may have been isolated from friends and family and any access to money and other resources cut off. Victim survivors may also fear contacting a lawyer or beginning divorce proceedings in case their partner finds out. It is vital that anyone experiencing abuse take action as soon as possible for their own safety and the safety of any children involved.

Domestic Abuse Act 2021

The UK Government has started to introduce legal reform including the Domestic Abuse Act 2021. This Act is part of a number of significant legal reforms introduced in England and Wales to try and address domestic abuse more effectively. The 2021 Act introduces a comprehensive statutory definition of domestic abuse, encompassing physical violence, emotional abuse, coercive control, and, notably, economic abuse. This inclusive definition aims to ensure that all forms of abuse are recognised and addressed within the legal framework.

Building upon this foundation, the Government has introduced Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) to try and bring together the criminal and family law provisions into one cohesive approach to domestic abuse. These tools empower courts to impose immediate restrictions on perpetrators, such as prohibiting contact with victim survivors or enforcing attendance in behaviour change programs. They also aim to ensure the legal system and police are working together to support and assist victim survivors. Breaching a DAPO is now a criminal offence, carrying a potential prison sentence of up to five years. These measures are currently being piloted in select regions, including Greater Manchester and parts of London, with plans for broader implementation. Until then the courts retain powers to make Non-Molestation Orders which can be supported by criminal sanctions and Occupation Orders regulating the occupation of property.

Orders such as these can be extremely important for safeguarding the victim survivor and any of their family during and after divorce or separation.

The Victims and Prisoners Act 2024

The Victims and Prisoners Act 2024 also introduced a provision to elevate coercive control to the same level as other forms of domestic abuse in England and Wales. This means the police, the probation service and other agencies will be legally required to share with one another information about offenders, particularly if they pose a risk to others, such as their former partners or members of the public. This initiative aims to enhance victim survivor protection and reduce reoffending by ensuring cohesive inter-agency collaboration and monitoring of individuals convicted of coercive control offences.

There is also greater training and discussion provided around domestic abuse for the judiciary and the legal profession as a whole to assist them in approaching cases carefully and sensitively, establishing where there has been abuse and the best manner to support and assist the victim survivor through the legal process and as part of any legal outcome especially when children are involved.

Despite these advancements, challenges persist. Studies reveal that a significant portion of the public still holds misconceptions about the causes and nature of domestic abuse, underscoring the need for continued education and awareness campaigns. Ongoing efforts aim to transform societal attitudes, ensuring that all forms of domestic abuse are recognised, and victim survivors feel supported in seeking help.

Those experiencing domestic abuse should know that legal protection is available to ensure that victim survivors are safeguarded.

If you have questions or concerns about divorcing an abusive spouse, please contact Laura Brown.

If you are at immediate risk of domestic abuse, please contact the police.