Economic abuse: its impact on financial remedy cases and how to manage it

Elissa Da Costa-Waldman New Court Chambers

This article will explore the many ways in which economic abuse is manifested as well as  consideration of its impact on the parties to financial remedy proceedings and the effect on the litigation itself. Economic abuse can take many forms and it is important for practitioners to be able to recognise when it is present in a case. Practitioners will thus be given tips on screening for financial abuse as well as how to manage it with the focus being on the protection of the person being abused. This will include consideration of the preservation of assets at an early stage in the litigation and how to ensure a fair outcome within proceedings. Also included are what steps to take to best ensure that the abused person is able to fund the application. The following areas are covered in the article:

• What is economic abuse?
• Consideration of Family Law Act 1996 applications prior to applying for financial remedies
• Achieving and enforcing proper disclosure
• Section 37 MCA 1973 applications to preserve assets
• Maintenance Payments and Legal Services Orders
• Litigation Conduct and Costs

Read the full article here.