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The financial remedy application and beyond: To what extent is the victim-survivor protected from further abuse?

In: Research Handbook on Domestic Violence and Abuse

Author

Listed:
  • Kayliegh Richardson
  • Amanda Newby

Abstract

Domestic abuse is likely to be present in a significant proportion of financial remedy applications. This chapter will consider funding options for victim-survivors who are unable to resolve their financial position without recourse to contested proceedings. The legal processes will be discussed, both in the context of represented and unrepresented victim-survivors. Recent developments will be critically analysed, including: the introduction of the Efficiency Statement, following the findings and recommendations of The Farquhar Committee; and the provisions being introduced under the Domestic Abuse Act 2021 to protect victim-survivors during contested proceedings. The types of orders that the court can make at the conclusion of financial remedy proceedings and their appropriateness in domestic abuse related cases will be considered. This chapter will also discuss difficulties which may be experienced when seeking to implement or enforce those orders once proceedings have been concluded.

Suggested Citation

  • Kayliegh Richardson & Amanda Newby, 2024. "The financial remedy application and beyond: To what extent is the victim-survivor protected from further abuse?," Chapters, in: Mandy Burton & Vanessa Bettinson & Kayliegh Richardson & Ana Speed (ed.), Research Handbook on Domestic Violence and Abuse, chapter 13, pages 202-222, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:21920_13
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035300648.00019
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    Keywords

    Law - Academic;

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