Domestic abuse — and coercive control in particular — leaves deep, lasting scars. Yet in financial remedy proceedings, the threshold for proving misconduct remains so high that most victims never meet it. Case law has evolved away from the statute’s wording, and the courts’ reluctance to “rummage through the attic” of the marriage has become almost a mantra.

But our understanding of coercive control has transformed. We now recognise its tactics, its cumulative damage, and the way it can shape every aspect of a victim’s financial position.

So the real question is this: now that we finally see the harm clearly, isn’t it time the financial remedies court recalibrated its approach — and stopped treating abuse as legally invisible? Sarah Ellis is joined by barristers Samantha Hillas KC and Anita Mehta and solicitor, Olivia Piercy to discuss this issue and how we might achieve change in the future. We discuss the historical approach of the courts to allegations of misconduct, how high the threshold for conduct has been set, whether statutory change is necessary to reflect the harms to victims and what happens at the coalface when allegations of domestic abuse are made in financial remedy proceedings.

Please follow this channel for further podcasts on coercive control from a legal perspective. The next episode is on Post Separation Abuse with Asst. Professor Kathryn Spearman.

Are the family courts routinely ignoring or minimising allegations of domestic abuse? Join barrister, Sarah Ellis, Professor Jo Delahunty KC and Professor Rosemary Hunter KC (Hon) to discuss coercive control, whether allegations of domestic abuse should ever be treated as 'historic', how victims are treated in the court, how we can evidence domestic abuse better and whether the Pathfinder process is the panacea we're looking for.

In October 2025 the 'Everyday Business' report found allegations of domestic abuse are made in around three-quarters of private law cases. Yet, in only c. 4% of cases is there a finding of fact hearing.

Prof. Jo Delahunty KC and Prof. Rosemary Hunter KC (Hon) join barrister, Sarah Ellis, to discuss the scale of the issue, the negative consequences of LASPO 2012 on legal representation and advice, the minimisation of harmful behaviours, the low status of domestic abuse and whether the current law is fit for purpose.

This is part 1 of a 2 part podcast.

Links:

⁠Domestic Abuse and the Family Justice System: Law and Practice: Professor Jo Delahunty KC: Bloomsbury Professional - Bloomsbury Professional⁠

⁠Everyday-Business-full-report-web.pdf⁠

⁠Re H-N and Others (children) judgment⁠

⁠Domestic Abuse Act 2021