Family lawyers have long argued that the current system fails to recognise coercive control and economic abuse adequately, leaving many victim-survivors disadvantaged. Writing in NLJ this week, Jo Carr-West of Hunters Law LLP highlights Resolution’s findings that more than 80% of family justice professionals believe domestic abuse is insufficiently considered in financial cases.
The consultation questions whether the traditional ‘gasp factor’ test for misconduct remains fit for purpose and explores codifying key family law principles. Carr-West warns that abuse can permeate every stage of proceedings, from disclosure battles to funding disputes and enforcement difficulties.
While legislative reform is welcome, she argues that meaningful change will require more than new laws. Without a broader cultural and procedural shift, victim-survivors may continue to face unfairness despite reforms intended to deliver ‘meaningful protection’.
