Economic Abuse & Conduct in Financial Remedy Cases: Where Are We Now?

Introduction

Economic abuse is now expressly recognised within the statutory definition of domestic abuse under the Domestic Abuse Act 2021 and is an increasingly important issue in financial remedy cases. Victims may have experienced financial control, coerced debt, restricted access to money, asset dissipation, or reduced earning capacity, with lasting financial consequences.

This webinar explores how the courts are responding to economic abuse within the framework of conduct under section 25(2)(g) of the Matrimonial Causes Act 1973. It will examine recent case law, including LP v MP and Wei-Lyn Loh v Loh-Gronager and consider the practical challenges of advancing conduct arguments, evidential requirements and the potential impact of future reform following the Government’s recent consultation ‘A Fairer End to Relationships’.

A practical and timely update, this webinar will help you identify when economic abuse may properly influence financial remedy outcomes and how best to present these cases.

What You Will Learn

This webinar will cover the following:

• A brief refresher on:
• The statutory framework under section 25(2)(g) Matrimonial Causes Act 1973
• The definition of economic abuse under the Domestic Abuse Act 2021
• How economic abuse may arise in financial remedy cases
• The continuing relevance of Wachtel v Wachtel, OG v AG and Tsvetkov v Khayrova
• The decision in DP v EP and its significance for economic abuse arguments
• Key case law and other developments since July 2024
• Recent decisions including LP v MP and Wei-Lyn Loh v Loh-Gronager
• Whether recent case law suggests a shift towards a broader fairness-based approach
• The role of financial impact, needs and causation in conduct arguments
• When conduct arguments may be excluded or given limited weight
• The costs risks of weak, tactical or unmeritorious conduct allegations
• Practical guidance on pleading economic abuse and conduct in Form E
• The Government consultation, ‘A Fairer End to Relationships’ and its potential relevance to financial remedies, domestic abuse and economic abuse