Case Studies

We present a series of case studies based on the experiences of women who have contacted the MWNUK Helpline. These case studies offer real-life scenarios and highlight practical solutions to the complex issues faced by women, men and couples.

The names and scenarios have been altered to respect anonymity of individuals.

Civil Divorce – Financial Issues

Keywords – domestic abuse, financial settlement, conduct of parties, domestic abuse

Iman endured severe abuse at the hands of her husband throughout a thirty-year marriage. Despite the trauma, she managed to complete a degree and eventually set up her own business, becoming very successful in her own right.

After her husband was arrested for physically, sexually, and financially abusing her, as well as attempting to kill her, Iman took steps to obtain a civil divorce. However, even after separation, her husband attempted to continue exerting control over her.

As part of the divorce process, he was entitled to financial resolution in which a review of both parties’ income takes place. As fault is not an issue where financial resolution is concerned, a person’s conduct only becomes relevant if it would be ‘inequitable to disregard it (s.25(g) Matrimonial Causes Act 1973). In this case, Iman is able to argue in court that any claim by her husband should be limited or dismissed due to his extensive abusive behaviour and the fact that he did not contribute meaningfully to her business or financial success.

However, this would require legal advice from a solicitor experienced in family law and financial remedies as the threshold for establishing conduct is very high and requires trained legal experts to represent the victim-survivor. There is no guarantee of how a judge will decide such a case.

Zainab’s Case

Keywords – financial and economic abuse, financial resolution, hiding assets

Zainab is originally from Yemen, was married there and came to the UK as a spouse. Her marriage is legally recognised in the UK as it was legally recognised and registered in Yemen.

Zainab’s husband was abusive and she had to flee the home with her two children with help from a women’s Domestic Abuse charity and refuge. Zainab was subsequently granted her Indefinite Leave to Remain and began to receive benefits.

She also applied for a civil divorce as she was legally married according to UK law. A financial settlement and a child contact arrangement need to be finalised before the Final Order of the divorce is granted.

Zainab’s husband owned the marital home and, knowing that Zainab would be entitled to a share in it according to UK law, he sold it to a friend and tried to hide other financial assets so that she would not be able to get a share that would be rightfully due to her. This type of behaviour is considered financial abuse and an attempt to evade a fair divorce settlement.

Zainab contested the sale in court, arguing it was made in bad faith to defeat her legal claim. In the interim, she was permitted to remain in the home as a tenant, paying rent to her husband’s friend, the new registered owner.

However, upon returning from a trip to Yemen, Zainab discovered the locks had been changed, and she could no longer access the property. She was effectively made homeless, and her local council placed her and her children in temporary hotel accommodation. All of her and her children’s belongings remained inside the house.

When she contacted the police to help her gain access or recover her possessions, she was told it was a civil matter. However, under the Protection from Eviction Act 1977, this is likely to have been an illegal eviction, and both the police and the local authority could and should have intervened:

Section 1, Protection from Eviction Act 1977

It is a criminal offence to:

• ‘deliberately and unlawfully deprive an occupier of their home’
• ‘carry out actions intended to force an occupier to give up the property or their tenancy rights’

A tenant – even one without a written tenancy or whose fixed term has ended – is still protected and can only be evicted lawfully by a court-appointed bailiff.

Further guidance is available from Shelter and the UK government:

GOV.UK – Harassment and illegal evictions https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

Shelter – Illegal eviction advice https://england.shelter.org.uk/housing_advice/eviction/how_to_deal_with_illegal_eviction/if_your_landlord_tries_to_kick_you_out

Zainab was struggling to look after her children in a hotel room with limited facilities available and to keep them well-nourished and entertained. She only had the luggage she brought back from her holiday and had none of her children’s books and toys.

Zainab was quite isolated and had no friends or family to support or advise her. Her understanding of English and the legal and other relevant systems was limited and she was struggling to navigate the public transport system to get her children to school every day. She also did not understand what was happening with the court case.

Zainab’s ex-husband’s actions were methods of continuing to abuse her even after the marriage was over. In such circumstances, Zainab and those in her situation can access legal aid due to domestic abuse to navigate the family courts.