What to do if your spouse is verbally or physically abusive

Domestic abuse occurs when one person harms another person with whom they have or have had a relationship. While it can involve physical attacks, domestic abuse can also include coercive control and gaslighting, economic abuse, online abuse, threats and intimidation, emotional abuse, and sexual abuse - as now enshrined in the Domestic Abuse Act 2021.

Children can also be victims if they witness domestic abuse experienced by their sibling or parent.

Taking the first steps towards divorce is daunting, but all the more so in the context of domestic violence. Fortunately, however, there exist a number of steps you can take to ensure your safety and interests during the divorce process.

If you’re considering or going through a divorce and your spouse is physically or verbally abusive, click below for a free initial consultation with one of our expert divorce solicitors.

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Domestic violence as a ground for divorce

Prior to the introduction of the no-fault divorce law on April 6, 2022, petitioners were required to demonstrate that their relationship had irretrievably broken down by satisfying one of five criteria: adultery, unreasonable behavior, desertion, living apart for at least two years with mutual consent, or living apart for at least five years. Consequently, domestic violence would have been cited under the ground of unreasonably behaviour to prove that the marriage had irretrievably broken down. 

Under the new no-fault divorce law, you can file for divorce without having to prove fault. As a result, domestic violence is no longer used to satisfy the court that the marriage has broken down irretrievably. 

It is hoped that the new law will facilitate a smoother process for victims of domestic abuse. It eliminates the need to provide specific examples of the abuse that has been endured, reducing the fear of filing for divorce due to potential negative reactions from your ex-partner. This change is highly beneficial as it helps prevent further psychological harm to the victim during the hearing. Additionally, it is particularly helpful in cases involving children, as it spares them from witnessing further deterioration of their abused parent’s mental health due to divorce proceedings.

Ensuring your safety

Divorcing a violent spouse presents its own host of issues, namely the victim’s safety. Detailed below are a number of ways you can ensure your safety and protection during this process.

Dealing with correspondence

If you fear your spouse has access to your phone/emails, a solicitor can set up a private account to facilitate safe and confidential correspondence with your legal team. Any correspondence can also be carefully timed to arrive when your spouse is not present. Vardags also offers a WhatsApp or SMS facility for clients that find it difficult to use the telephone (for example, if your spouse can hear your conversations).

Your legal team can also take on all correspondence with your spouse and/or their legal team, thereby acting as a protective buffer. Any communication will not, however, be sent without your prior knowledge and consent.

Courtroom safeguards

While most negotiation takes places outside of court, safeguards exist for your protection should you ever be required to attend. These ‘special measures’ fall under the Youth Justice and Criminal Evidence Act 1999 (YJCEA), and include permitting vulnerable parties to take part in proceedings via video link, from behind a screen or through an intermediary.

The Domestic Abuse Act 2021, which received Royal Assent on 29 April 2021, creates a statutory presumption that victims of domestic abuse are eligible for these special measures in the criminal, civil and family courts. Latest Government guidance details that most of these provisions are expected to be in force by 2021/2022.

Orders

In addition to special measures, the court also has power to make certain orders to ensure the victim’s safety. Failure to comply can result in imprisonment. The main types of order are:

• Occupation orders, which dictate who may enter and occupy the family home.
• Non-molestation orders are a type of injunction that forbid specified behaviour, such as threats and harassment. They canbe implemented to prevent your spouse from coming within a certain distance of you.

If you feel in immediate danger

If at any time you are concerned for your immediate safety, please call 999. Alternatively, there exist organisations which offer support and advice on these matters, including: Women’s Aid, Men’s Advice Line, Refuge and Relate.