Domestic Abuse Archives

Addressing domestic abuse in financial remedy cases

Posted on 23 December 202422 March 2025 by Sarah O'Sullivan

Despite a nationwide effort to recognize the impact of domestic abuse, family courts remain reluctant to consider such abuse when determining financial settlements in divorce cases. In November 2024, the University of Bristol released a supplementary report on domestic abuse in financial remedy cases, following their Fair Shares report published in November 2023.

Domestic Abuse and Matrimonial Finances: A Neglected Factor

Grant Cameron, Chair of Resolution, introduced the Resolution Report on domestic abuse in financial remedy proceedings with a powerful statement:

“Whilst we continue to ignore the elephant in the room, we fail to protect some of the most vulnerable litigants in the family justice system.”

How Courts Currently Consider Domestic Abuse in Financial Remedy Cases

Under Section 25 of the Matrimonial Causes Act 1973 (MCA 1973), courts will only consider conduct, including domestic abuse, if it would be inequitable to disregard it. In practice, this typically means abuse is only considered when it has caused financial consequences.

Case Examples:

H v H [2005]: The husband was imprisoned for 12 years for attempting to murder his wife in front of their children. Due to the severity of the abuse, the court awarded the wife the majority of the matrimonial assets.
DP v EP [2023]: The wife concealed financial transactions from her illiterate husband, resulting in a 53% asset award to the husband and 75% of his legal costs paid by the wife.
N v J [2024]: The court clarified that while a financial consequence is not legally required to consider conduct under Section 25(2)(g), it remains a common factor in most reported cases.

Although the Domestic Abuse Act 2021 broadened the definition of domestic abuse, it did not amend the statutory definition of conduct within financial remedy proceedings.

University of Bristol’s Findings on Domestic Abuse in Financial Remedy Cases

The University of Bristol’s report highlighted several connections between domestic abuse and unfair financial settlements for victims. Key findings included:

Economic Disadvantage: Female survivors often entered divorce in a more precarious financial position than other women, resulting in limited post-divorce financial security.
Lack of Legal Representation: Only 16% of female survivors and 19% of male survivors received legal aid, with over 50% of survivors self-funding legal representation or mediation.
Post-Separation Hardship: Female survivors were more likely to be on Universal Credit and have lower household incomes up to five years after divorce.

Resolution’s Recommendations for Change

Following the University of Bristol’s report, Resolution called for a cultural shift within the family law profession to better support domestic abuse survivors. Their recommendations include:

Enhanced Case Management: Utilizing courts’ powers to tackle non-disclosure at the outset.
Recognition of Domestic Abuse: Explicitly acknowledging domestic abuse as a valid exemption from Non-Court Dispute Resolution, preventing survivors from facing unjust cost orders.
Cultural Change: Promoting awareness and training among legal professionals.
Improved Access to Legal Aid: Raising income and capital thresholds.
Interim Maintenance Support: Ensuring survivors can access financial support during proceedings.
Enforced Consequences: Imposing costs orders to deter perpetrators from using court proceedings for continued abuse.
Practice Direction: Introducing guidelines to assist legal professionals in handling domestic abuse cases.

Government Response and Future Outlook

In a positive development, the government recently launched the Early Legal Advice Pilot Project (ELAP) to provide legal support to families in disputes and gather evidence on the impact of legal advice.

While no formal government action has been taken following these reports, it is hoped that Resolution’s recommendations will drive much-needed reform. However, as with any significant legal amendments, meaningful change may take time.

Cyber stalking: How to combat the tech bullies

Posted on 10 September 202422 March 2025 by Sarah O'Sullivan

Technology has enabled new ways for people to harass ex-partners by tracking their movements and spying on their digital platforms. Solicitor Harry Calder explains how you can protect yourself from cyber stalking.

A report on Violence Against Women and Girls found that 36% of women in the UK have experienced online abuse on social media or other platforms. Of these women and girls, one in six also experience tech abuse from a partner or ex-partner.

This form of harassment, known as cyber stalking, has been made easier through the widespread use of location services on smartphones and the availability of spyware. It causes distress and sometimes fear of violence and is difficult to ignore, given the extensive role that smartphones and other technology have in our lives. It can also lead to unwanted physical contact.

How can I protect myself from cyber-stalking?

Digital break up

When you part company with your partner, it’s important to break any digital links you may have, such as shared passwords or PINs, or accounts on services such as Spotify or Netflix.

If you don’t cut these ties, you’re potentially leaving yourself open to an ex-partner using that digital access to spy on you, or intimidate you in other ways.

Turn off location services

Location services on our smartphones allow our precise locations to be shared with others, for example via social media apps and ‘find my phone’ services. Sometimes you might not even realise these are activated, enabling someone to track your whereabouts without your knowledge. Review the location settings of every app on your phone. You can turn off location services completely when you don’t need them. Bear in mind that emergency services can still determine your location when location services are turned off.

Change your passwords

New passwords should be set up for your all your digital accounts, whether it be social media, email or your bank. Passwords should be strong and unique to avoid an ex-partner being able to guess them. Using the same password for several accounts should be avoided. It’s also recommended to set up two-factor authentication on your accounts. This means that a code is sent to your phone after you enter your password to complete the login process. It’s also possible to check whether your password has been compromised in a data breach. This information can often be found in your phone’s security settings.

Update cloud account settings

Many couples or families share cloud accounts which link connected devices together and allow for information to be shared between them. For example, a family member may be able to see where your phone is if it’s lost, using ‘find my phone’ services. On the breakdown of a relationship, you may forget entirely that your devices are linked in this way and your ex-partner may be able to track your movements without you being aware.

If you no longer wish to have your device connected to your ex-partner’s in this way, you can update your cloud settings, or create a new cloud account.

Changing device settings which your ex-partner may have set up

Many partners buy smartphones for their partners or children and change the settings to enable them to track the device’s location. On the breakdown of a relationship these settings may still be in place and an ex-partner can track your device, or that of your children, without you being aware. Be cautious of gifts made to children after the relationship breakdown, such as phones, iPods/iPads, smart watches or other devices. The settings of these devices could be set up to share their location, allowing the ex-partner to stalk not only your children’s movements but also yours indirectly.

Social media activity and stalking

On social media, posts or photos uploaded by you, friends or family, can reveal your location to an ex-partner. Many social media accounts are open to the public and can be followed by ex-partners disguising themselves with fake names. Review your friends or followers lists and remove any accounts which you don’t recognise or are suspicious of. Alternatively, you can change your social media account’s privacy settings, so that only people you approve can view your account activity.

Tracking devices used by stalkers

Tracking devices, normally used to avoid losing items, have increasingly been used to track ex-partners. Devices such as the Apple AirTag, which is about the size of a 10 pence piece and cheap to buy, will send precise location information to the user. If you’re concerned that you might be being tracked, the first step to search places where a tracker could be hidden. Common places include: inside bags, pockets, vehicles. However, as these are small devices, they can often be well hidden. There are apps available that can scan for nearby trackers and identify an unknown device nearby using Bluetooth.

Spyware

Your digital activity can also be monitored through spyware. Software is available that would allow an ex-partner to read your texts, look at your photos and even access the camera of your smart phone. They may even be able to view you changing your password to prevent them accessing your accounts.

You can sometimes remove spyware from your device by deleting any suspicious apps that you did not download or do not use. The most comprehensive way to remove any spyware would be to perform a factory reset of your device, which wipes all the saved information from it, returning it to its condition when first bought. Before you do this, save your photos and other data to a different device. There are companies who can remove spyware from electronic devices, but that comes at a cost. You can consider simply buying a new device.

If you’re concerned about covert recording devices in your home, there are companies who can conduct a ‘sweep’. If spyware is found you should seek professional advice immediately from a solicitor or the police.

Cyberstalking – how to get help

Cyberstalking is a criminal offence under The Protection from Harassment Act 1997. If you’re worried about cyberstalking from an ex-partner or anybody else, you should reach out for help at the earliest opportunity. A family solicitor can give you legal advice and support and point you in the direction of other support agencies. You can also call the police. Here are some suggestions for organisations that are there to help:

Stonewalling: Domestic abuse

Posted on 26 March 202423 April 2025 by Sarah O'Sullivan

Domestic abuse includes various forms of harm, both visible and invisible. In this article we look at one form of invisible abuse – stonewalling – and aim to shed light on its profound impact on victims, and strategies to recognise and deal with it.

Stonewalling as a form of domestic abuse

When carried out intentionally, stonewalling can be a manipulation tactic involving deliberately refusing to communicate, withdrawing from interaction, and/or avoiding discussions. Intentional stonewalling by an emotionally abusive or controlling partner can be used to exert power and manipulate circumstances. Its subtle nature makes it challenging to detect, but its effects can be deeply damaging over time. It can demean a partner while gaining control over a situation.

The psychological impact of stonewalling is significant, with victims often grappling with feelings of severe loneliness, anxiety, and depression. The persistent rejection and silence from their partner can lead to self-doubt, and over time, erode their self-esteem, self-confidence and communication skills.

Context is key – unintentional stonewalling can arise outside a domestic abuse context, when individuals, often through learned habits, refrain from communicating to manage challenging or sensitive subjects, or to avoid escalating a conversation, without intending to manipulate or cause any harm to someone else. While hurtful and upsetting, this behaviour is not domestic abuse.

Recognising stonewalling

Identifying subtle signs of stonewalling in a relationship can be challenging, as they are often not obvious.

The following are examples of indicators of stonewalling by a perpetrator of domestic abuse.

Avoiding eye contact, intentionally appearing aloof and disinterested.
Giving the silent treatment, ignoring questions or attempts to initiate discussions.
Avoiding meaningful conversation and/or refusing to discuss significant issues.
Withdrawing from discussions.
Emotional detachment or distancing, appearing indifferent or unresponsive to the emotional needs or concerns of the other person
Physical withdrawal, including leaving a room during a conversation or turning their back on a partner while they are talking
Deflecting blame, making excuses or refusing to admit fault, failing to take responsibility for the impact of their actions and behaviours on others.

Stonewalling does not typically involve an isolated incident but rather a pattern of behaviour, often carried alongside other abusive behaviours.

What can a victim do about stonewalling?

For a victim, recognising that intentional stonewalling is being used as a form of manipulation, control and abuse and is not a reflection of their own inadequacies is the first step to breaking free from such destructive patterns. Seeking the right professional support can provide the person being stonewalled with the necessary tools to heal from the emotional scars, regain a sense of self-worth and find a way out of abusive situations.

Reaching out to trusted friends, family members, or support groups can provide emotional support and guidance. Sharing experiences with others who understand can help a victim feel less isolated.

Professional counselling and therapy can help someone to rebuild and recover from an abusive relationship including one that has involved stonewalling. However, legal advice might also be needed.

The legal definition of domestic abuse was expanded by the Domestic Abuse Act 2021 and this has led to an increased awareness and understanding of non-physical forms of abuse and better support and legal protections for victims of such abuse. Victims of domestic abuse of any kind have the legal right to protection, and at Tees, we are experienced in helping clients in these situations.

Our solicitors can help you apply for the right court order to protect you and can support you through the process. We can also help you if your partner or abuser breaks the terms of a court order.

If you are in immediate danger from domestic abuse, call the police – dial 999.