Research highlights greater financial hardship, importance of legal system for divorced survivors of domestic abuse

A new report reveals that women in England and Wales who have experienced domestic abuse are more financially vulnerable than other women in the wake of divorce and beyond.

The report, led by the University of Bristol, also stresses the importance of the formal legal process for survivors of domestic abuse and the lack of legal aid in supporting their financial cases in divorce.

Until this research, how divorcing couples sort out their finances has been under-researched. The results reveal most divorcees have surprisingly few assets to share, and women who have experienced domestic abuse are left facing greater financial hardship compared to other women.

Lead author Emma Hitchings, Professor of Family Law at the University of Bristol, said, “This research sheds new light on the multiple financial pressures and disadvantages female domestic abuse survivors encounter when divorced.

“Also, we found very few female domestic abuse survivors had successfully used mediation to reach a financial settlement. Domestic abuse survivors were in addition more likely than other divorcing women to use contested court proceedings, therefore highlighting the vital role of court orders and formal legal processes in such situations.”

The greater financial vulnerability of female survivors of domestic abuse was demonstrated through often having fewer assets to divide than other divorcees, with the matrimonial home less likely to be owner-occupied and survivors less likely to have a pension.

Adding to the financial challenges, the majority (61%) of female abuse survivors surveyed had children aged under 18. Nearly a quarter (24%) of female survivors of abuse surveyed were not working when they separated. Those who were earned significantly less than other women, with nearly twice as many (39% compared to 22%) earning under £1,000 a month after tax.

Abuse survivors were found to be around twice as likely as other divorcees not to know much about their ex-spouses finances and assets, potentially disadvantaging them in any financial negotiations. Nearly a third (29%) of female survivors said their knowledge was very poor, compared to 17% of other divorcing women.

Professor Hitchings said, “Given these additional challenges and uncertainties, it’s unsurprising that abuse survivors were more likely to use lawyers to sort out their finances on divorce. The majority of female survivors instructed lawyers for the whole process and said they didn’t feel comfortable negotiating with their ex-spouse.”

Although similar proportions of female abuse survivors and other divorcing women attempted mediation to settle money matters, this route was far less likely to be successful for survivors.

Findings revealed just 4% of financial arrangements were achieved via mediation for female survivors, compared to nearly 1 in 5 (19%) for other female divorcees. Survivors were more likely to use contested court proceedings, with 17% of female survivors reporting their case had been determined by a judge, compared with only 4% for other female divorcees.

Professor Hitchings added, “These findings have implications for policy and practice, particularly regarding the current prioritization of and use of non-court dispute resolution, where domestic abuse has been found or alleged.”

Domestic abuse survivors are entitled to receive means-tested legal aid to help cover their divorce legal costs. Despite domestic abuse survivors being more likely to have incurred legal and/or mediation costs in sorting out their divorce finances, only a small fraction of them are using this financial assistance. Findings showed that only 16% of female survivors received legal aid, while half paid for these services themselves.

Professor Hitchings explained, “This may be due to eligibility issues or the stringent financial means test to access legal aid. The fact that many survivors of domestic abuse are funding their own cases is concerning, particularly as the findings show domestic abuse survivors often have lower incomes and lower-value financial assets than other women. Without legal aid, the costs involved may make it even more difficult for a survivor going through a divorce.”

Arranging and receiving child maintenance was also revealed to be problematic. Even with an official arrangement in place, female abuse survivors were four times more likely to report having never received their child maintenance payments, compared to other women in this situation.

Higher levels of financial hardship among female abuse survivors were shown to continue after the divorce. Up to five years later, they were still less likely than other female divorcees to be in full-time employment, and nearly a third (32%) received Universal Credit, compared to 17% of other divorced women.

Despite this, more female survivors reported feeling financially better off than when they were married compared to other women.

Professor Hitchings concluded, “Despite facing significant financial challenges across the board, exiting an abusive relationship has clearly given many women a greater sense of control over their money and lives.

“This report marks an important new milestone in understanding how abuse survivors fare in relation to their finances on divorce. It also emphasizes the necessity of the legal system in supporting them to settle money matters, which are much less likely to be resolved informally.”

Ash Patel, justice program head at the Nuffield Foundation, said, “This research reveals the financial costs survivors of domestic violence and abuse bear because of divorce. Compounding the physical, mental and social scarring of domestic violence, the research for the first time shows the true financial cost women in particular face as a consequence of divorcing.

“The finding that survivors often feel financially better off despite being materially worse off provides little confidence in a system that should help to secure a fair share of assets, and adds weight to the argument for better access to legal advice and support to this underserved group.”