What evidence do I need to prove coercive control?

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To prove coercive control under the Serious Crime Act 2015, specific evidence must be gathered to demonstrate a pattern of controlling or coercive behaviour that has a serious effect on the victim.

To substantiate coercive control, the following types of evidence should be collected:

Documentary evidence such as emails, text messages, and social media messages that demonstrate controlling behaviours or threats.

Statements from friends, family, or colleagues who can confirm to the victim’s isolation or changes in behaviour due to the abuse.

Medical records that reflect any physical or psychological harm resulting from the controlling behaviour.

Phone records, including call logs and voicemails.

Keep a diary detailing incidents of coercion or control.

Keep a record of all the times incidents of coercive control were reported to domestic abuse organisations or the Police.

Can we divorce whilst still living together?

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Yes, it is possible. This situation is not uncommon and many couples choose to continue living in the same house for various reasons.   These could include financial concerns, the wish to maintain a stable environment for any children, or simply to avoid the upheaval of moving out. Since the introduction of no-fault divorce, couples no longer need to demonstrate that they are living separate lives or blame one party for the breakdown of the marriage.

Can my ex’s new partners income be taken into account for child maintenance?

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An ex’s new partner’s income is not taken into account when calculating child maintenance. Child maintenance payments are assessed solely on your ex’s taxable gross annual income, including earnings from employment, self-employment, pensions, and certain benefits. The Child Maintenance Service will not increase or decrease the child maintenance amount regardless of whether the paying parent has a new cohabiting partner.

What legal rights does a step-parent have?

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A step-parent is any person who is married to, or in a civil-partnership with the child’s biological parent. Even if the step-parent has been heavily involved in the child’s upbringing and contributes financially, they do not have any legal rights in relation to a step-child. This includes having no legal say in relation to the child’s schooling, medical treatment, religious upbringing, or other big decisions in the child’s life. A step-parent can gain legal rights by obtaining parental responsibility. This can be done with the agreement of all other persons with parental responsibility, or by a court order. If a step-parent and biological parent separate, the step-parent has no automatic right to continue seeing the child (unless they have parental responsibility) in which case they can apply for a Child Arrangements Order.

My child has been wrongfully retained abroad - what should I do?

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There are several steps you should take:

Calmly contact your ex by text or email, to convince them to return the child home. Make sure you keep these communications as evidence.

If the child has been wrongfully retained in your ex’s country, and that country is a signatory to the Hague Convention, proceedings can be brought for the child’s return. The Hague Convention aims for the prompt return of abducted children to their country of habitual residence.

Contact the charity Reunite, who specialise in international child abduction cases, for advice and support. They will be able to recommend a child abduction specialist.

Do not wait too long to begin legal proceedings for the return of the child. The longer you wait to start court proceedings the more difficult it may become to convince a court that your child should be returned back to the country they were previously living in.

Legal aid is available for cases of abduction from the UK, depending on an assessment of financial means and the merits of the case.

Why do I have to wait 20 weeks to get divorced?

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The reasoning behind the 20 week waiting period in divorce is threefold.

To allow the couple time to reflect whether the divorce or dissolution is actually something they want. The 20 weeks provides an opportunity for reconciliation.

To allow the couple to resolve practical matters such as finances and child arrangements. Negotiations over these issues can take place within the 20 week period.

To avoid hasty divorces. The waiting period aims to prevent someone from rushing through a divorce.

It is important to note that the waiting period can be shortened in exceptional circumstances. Section one eight of the Matrimonial Causes Act 1973 allows the reduction in time such as in cases where one party has a terminal illness.

Can I get rid of my ex-partner’s belongings?

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It is important to remember that your ex-partner is still the legal owner of their belongings even though you are no longer together. Accordingly, unless there is a court order allowing you to dispose of the items, you should follow these steps:

Send a written request to your ex, providing them with a detailed inventory of the items you wish them to collect, and ask them to collect them within a specific period of time, typically at least 28 to 35 days.  It is a good idea to include photographs of any valuable items.

Ensure none of the items are damaged or destroyed pending collection.

If your ex-partner fails to respond or collect their items, you can assume they have been abandoned. However, it’s best to wait an additional few months before selling or discarding the belongings.

If you sell the items after your ex abandons them, the proceeds belong to your ex-partner, not you. Keep records of any sale and offer them the proceeds less any selling costs you incur.

What does ringfencing assets in divorce mean?

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Ringfencing refers to protecting certain assets from being divided or shared as part of the divorce settlement. By ringfencing, certain assets such as premarital wealth, inheritances, or businesses can be excluded from the matrimonial pot during divorce proceedings. It is normally done through prenuptial or postnuptial agreements. Ringfencing an asset is not automatic or guaranteed. When considering whether to exclude an asset, courts will consider various factors, including: Whether the asset has been shared or used by the family during the marriage, the financial needs of both parties and any children, and the length of the marriage.

Is coercive control a crime in the UK?

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Coercive or controlling behaviour in an intimate or family relationship is a crime under Section 76 of the Serious Crime Act two thousand and fifteen. The offence carries a maximum penalty of 5 years imprisonment. Coercive control involves a pattern of acts used to dominate, intimidate, frighten, and control another person. Examples include isolation from friends and family, intimidation by using threats, and depriving a person of independence. To prove the crime, it is necessary to show repeated or continuous controlling behaviour that has a “serious effect” on the victim.

If you are in a coercive relationship, you can get support over the phone by calling the National Domestic Abuse Helpline on 0808 2000 247, or call the Police.

Does low cost divorce mean low quality divorce?

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Low cost does not mean low quality. Low cost divorce is a result of efficient operations, not reduced quality. Low cost divorce focuses on minimising overhead costs by being online, not charging by the hour, using technology, and offering transparent fixed cost services. Low cost divorce focuses on offering the same client experience as Solicitors, but at significantly lower cost.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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