This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
Domestic abuse — whether financial, physical, emotional or coercive — is automatically factored into financial remedy proceedings and will shift the division of assets in the victim's favour.
It is commonly observed that domestic abuse may not be routinely considered in financial remedy proceedings. Courts generally require a strong showing that it would be 'inequitable to disregard' the abuse.
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The Gap?
"I suffered domestic abuse throughout the marriage. That has to be taken into account in how the assets are divided."
Court Reality
It is commonly observed that domestic abuse may not be routinely considered in financial remedy proceedings. Courts generally require a strong showing that it would be 'inequitable to disregard' the abuse.
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