Coercive control became a criminal offence in England and Wales in December 2015 under the Serious Crime Act 2015. It covers patterns of behaviour that are controlling, threatening, or degrading, things like isolating someone from friends and family, controlling their finances, monitoring their movements, and making them feel frightened. You do not have to have been physically hit for it to be abuse.
If you are in a marriage where this is happening, it affects almost every aspect of how your divorce will proceed.
Getting Out Safely
If you are still living with an abusive partner and planning to leave, safety comes first. The National Domestic Abuse Helpline (0808 2000 247) is free, confidential, and available 24 hours. They can help you make a safety plan, find emergency accommodation, and connect you with local support services. Refuge also runs live chat on their website if you cannot safely make a phone call.
You can apply for a non-molestation order to protect you from your partner, and an occupation order to decide who stays in the family home. These can be obtained urgently, sometimes on the same day you apply, without your partner being told in advance.
How It Affects the Divorce
Under the no-fault divorce system introduced in 2022, you no longer need to cite your partner's behaviour in the divorce application itself. But coercive control is highly relevant to the financial settlement and to children arrangements.
The court takes domestic abuse into account when deciding finances. It can affect how assets are divided, whether spousal maintenance is awarded, and the overall approach the court takes to the case. The court also has powers to make orders preventing an abusive ex from pursuing you through repeated court applications, which is itself a form of post-separation abuse.
Children
If there are children, the court will consider the impact of coercive control on them, even if the abuse was directed at you and not at the children directly. Witnessing domestic abuse is recognised as a form of child abuse. Practice Direction 12J sets out how the family court should handle domestic abuse allegations in children proceedings, and Cafcass officers are trained to assess these situations.
Evidence
Coercive control can be hard to prove because it often happens behind closed doors with no witnesses. Keep any text messages, emails, or voicemails that demonstrate controlling behaviour. If you have reported incidents to the police, get copies of the reports. Medical records, if you have sought treatment for anxiety, depression, or injuries, can also be relevant. Your GP can provide a letter confirming what you have told them.
Always check the terms of your specific agreement, as individual contracts can vary. This article is for general guidance only and is not legal advice.
Your email won't be published. Comments are moderated before appearing.