A Fairer End to Relationships? Why Family Law Reform Must Protect Victim-Survivors and Vulnerable Families

By Emma Hopkins Jones, Partner and Head of Family, Leeds

The Ministry of Justice’s consultation, A Fairer End to Relationships, represents the most significant opportunity for reform of family law in a generation. It considers both financial remedies on divorce and the legal rights of cohabiting couples, including what should happen when relationships end or a partner dies.

On behalf of the Family Team at Ridley & Hall Solicitors, I recently submitted our response to the consultation. While we welcome many aspects of the proposed reforms, our response highlights a central concern: any new framework must properly protect victim-survivors of domestic abuse and those who are most financially vulnerable following separation.

Fairness Must Remain the Overriding Principle

One of our strongest messages is that the law should continue to focus on achieving fair outcomes rather than rigidly pursuing equality.

Although equal sharing can be appropriate in many cases, family relationships and finances are rarely straightforward. In practice, we frequently see situations where an equal division of assets would not produce a fair result. This can be particularly true where one party has experienced domestic abuse, financial control, caring responsibilities, health difficulties, or economic disadvantage arising from the relationship.

For that reason, we support reform that brings greater clarity to the law, but not at the expense of judicial flexibility and fairness.

Domestic Abuse Cannot Remain a Peripheral Issue

Perhaps the most important aspect of our response concerns the treatment of domestic abuse in financial proceedings.

At present, the impact of domestic abuse is often overlooked in financial remedy cases unless it can be shown to have caused a direct and measurable financial loss. This approach fails to reflect the reality faced by many victim-survivors.

Domestic abuse is not limited to physical violence. Coercive control, emotional abuse and financial abuse can fundamentally shape a victim’s ability to work, save, build pensions, access assets, and regain independence after separation. The consequences can last for many years.

We therefore called for domestic abuse to become a specific factor that courts must consider when determining financial outcomes. Rather than treating abuse as an exceptional circumstance, the law should recognise it as a relevant consideration wherever it has affected the dynamics of the relationship or a party’s financial position.

Recognising Financial Abuse

Financial abuse remains one of the most misunderstood forms of domestic abuse.

Many perpetrators deliberately retain assets in their own names, maintain separate finances, restrict access to money, or use financial dependency as a means of control. We are concerned that some of the proposed reforms around distinguishing “matrimonial” and “non-matrimonial” property could inadvertently disadvantage victim-survivors if applied too rigidly.

If legislation creates strict categories of assets without sufficient safeguards, there is a risk that assets effectively controlled by an abusive partner could be excluded from consideration, leaving survivors without fair access to resources they need to rebuild their lives.

Any reform must therefore retain sufficient flexibility to ensure that vulnerable parties are protected.

A Better Understanding of Coercive Control Is Needed

Our response also emphasises the need for greater understanding of coercive and controlling behaviour within the family justice system.

Too often, judges and professionals are required to assess abuse that may have occurred over many years, where direct evidence is limited and the impact is complex. Victim-survivors may struggle to explain or quantify the financial consequences of abuse, particularly whilst still recovering from it.

We have therefore called for enhanced training for judges and other professionals, led by specialist domestic abuse organisations, to improve understanding of coercive control, emotional abuse and financial abuse.

Without this understanding, legislative reform alone will not achieve meaningful change.

Protecting Victim-Survivors Within the Court Process

The consultation focuses heavily on outcomes, but we believe equal attention must be paid to the process itself.

Victim-survivors often face significant obstacles when navigating financial proceedings. We highlighted several areas where additional protection is needed, including:

• Greater protection from adverse costs orders.
• Easier access to Legal Services Payment Orders.
• Reform of legal aid eligibility criteria.
• Consideration of whether compulsory settlement processes are appropriate where there is evidence of domestic abuse.
• Improved mechanisms for bringing evidence of abuse before the court.

Many victim-survivors remain financially trapped not because they lack legal rights, but because they lack realistic access to the resources needed to realise and enforce them.

Cohabitation Reform Is Long Overdue

Alongside divorce reform, we strongly support long-awaited legal protection for cohabiting couples.

Every week we advise people who mistakenly believe they are protected by the concept of a “common law marriage”. In reality, no such legal status exists in England and Wales.

When cohabiting relationships end, many individuals are left with little or no financial protection despite years of shared lives, shared homes and raising children together. This frequently causes particular hardship for primary carers, who are often women.

We therefore support the introduction of a statutory scheme for cohabitants and believe reform in this area is both necessary and urgent. Indeed, one of our concerns is that wider disagreement about other aspects of the consultation could delay much-needed cohabitation reform.

The Most Vulnerable Must Not Be Left Behind

Throughout our response, one theme remains constant.

Family law reform cannot simply be about creating clearer rules. It must also recognise the realities of modern relationships and the experiences of those who are most vulnerable when relationships break down.

Victim-survivors of domestic abuse, primary carers, individuals with health difficulties, and financially disadvantaged partners must not be placed at greater risk by attempts to codify principles that currently allow courts flexibility to achieve justice.

The Government has a genuine opportunity to create a fairer system. We welcome that ambition. However, fairness can only be achieved if reform recognises the lasting impact of domestic abuse and ensures that those who need protection most are not overlooked.

At Ridley & Hall, we will continue to advocate for a family justice system that delivers what separating families need most: clarity, confidence and choice. If you think we can assist, please get in touch on 0800 860 62 65 or by email on info@ridleyandhall.co.uk

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