Economic abuse is a legally recognised form of domestic abuse and is defined in the Domestic Abuse Act 2021 as ‘any behaviour that has a substantial adverse effect on B’s ability to (a) acquire, use or maintain money or other property, or (b) obtain goods or services.’ It rarely happens in isolation and normally happens alongside other forms of domestic abuse including coercive control. In this article, B P Collins’ family team helps you to recognise if you’re a victim of economic abuse and what can be done to help.
Anyone can be a victim of economic abuse regardless of gender, age, race, background, economic status or whether you are in a heterosexual or same-sex relationship.
According to the charity Surviving Economic Abuse, ‘nearly one million women are trapped with a dangerous abuser because of economic abuse’ and one in seven women (4.1 million women) in the UK have experienced economic abuse by a current or former partner in the past 12 months.
Men can also face economic abuse and may find it difficult to seek support because of traditional gender norms.
You may be a victim of economic abuse if your partner does any of the following:
- Empties your bank account or joint bank accounts.
- Restricts your access to bank accounts or investments.
- Keeps you in the dark about financial matters.
- Sells or breaks your belongings.
- Runs up debt without your knowledge.
- Takes out a loan in your name or forces you to take out credit cards or loans.
- Refuses to pay their share of the mortgage, rent or bills.
- Denies you access to essentials like food, clothing, heating, the internet or a car.
- Demands that you ask their permission to buy things and makes you provide receipts.
- Spends a lot of money on themselves but little money on you and/or the children, creating a difference in financial equity.
- Hides money.
- Prevents you from having a job or accessing education.
Economic abuse and the division of finances on separation
It is important to tell your solicitor at the outset if you think you have been or are a victim of economic abuse so that matters such as the following can be considered as soon as possible:
- Whether you are eligible for Legal Aid and, if not, whether you should seek an order that your partner pays your legal fees and/or interim spousal maintenance.
- Whether injunctive measures are necessary to restrict your partners access to you/the children/the family home.
- What enquiries should be made about outstanding debt and what support banks, other financial institutions and government schemes might provide to mitigate damage to your credit score and ability to recover financially.
- Whether economic abuse should be raised as a relevant factor in any court proceedings. This must be raised at the earliest opportunity.
- During the financial disclosure process, your solicitor may need to consider whether there are hidden assets, and you may need to act quickly before your ability to access accounts is restricted.
- If child maintenance is being withheld, you may need to ask the Child Maintenance Service to collect child maintenance payments directly from your partner’s wages, bank or pension. There is around £654 million owed in CMS arrears.
- Whether an application for a Child Arrangements Order should be made if you believe the children’s time with you is being minimised to maximise child maintenance payments rather than being in their best interests.
- Whether alternative forms of dispute resolution like mediation are appropriate in light of the imbalance of power and financial knowledge and the controlling element of the relationship.
- Whether intervention from a therapist, counsellor or divorce coach is necessary to assist you in processing your experience.
If you’d like to speak in confidence with B P Collins’ family team, please call 01753 889995 or email enquiries@bpcollins.co.uk.
Useful resources
Surviving Economic Abuse: Transforming responses to economic abuse
Women’s Aid Directory – Women’s Aid
ManKind Initiative – Supporting Male Victims of Domestic Abuse
Be aware when contacting us or accessing websites for help that your partner might be monitoring your call, email or search history. Use a trusted person’s device where possible.
