Economic abuse in England refers to a form of domestic abuse where one person controls another's access to economic resources, thereby exerting power and control over them. It can manifest in various ways, such as withholding money, controlling someone's finances, preventing them from accessing employment or education opportunities, or coercing them into financial transactions. Economic abuse can occur within intimate partner relationships, family dynamics, or caregiver relationships. In England, it is recognised as a serious issue, and there are legal provisions and support services available to assist victims of economic abuse.
Is Economic Abuse A Crime?
In England and Wales, coercive economic abuse is primarily addressed under the Serious Crime Act 2015. Section 76 of this Act specifically criminalises controlling or coercive behaviour in an intimate or family relationship. Coercive economic abuse is considered a form of controlling or coercive behaviour under this legislation.
The Serious Crime Act 2015 defines controlling or coercive behaviour as a pattern of acts designed to make a person subordinate or dependent by:
- Isolating them from sources of support
- Exploiting their resources and capacities for personal gain
- Depriving them of the means needed for independence, resistance, or escape
This legislation recognises that economic abuse, along with other forms of controlling behaviour, can be used to exert power and control within intimate or family relationships and can have serious harmful effects on victims.
Under the Serious Crime Act 2015, individuals found guilty of engaging in controlling or coercive behaviour, including coercive economic abuse, can face criminal charges and significant penalties, including imprisonment.
Coercive control and economic abuse is also addressed under the Domestic Abuse Act 2021 in England and Wales. The Act expands the legal definition of domestic abuse to explicitly include coercive or controlling behaviour, as well as economic abuse, within intimate or family relationships.
Under the Domestic Abuse Act 2021, coercive or controlling behaviour is defined as a pattern of behaviour that is used to harm, punish, or frighten a victim and can include a range of abusive behaviours, including economic abuse. Economic abuse, specifically, refers to controlling a victim's finances or preventing them from accessing money or resources needed for independence or safety.
The Act provides greater legal protections and resources for victims of domestic abuse, including access to support services, legal remedies, and criminal sanctions for perpetrators. By recognising coercive control and economic abuse as forms of domestic abuse, the Act aims to better support and protect victims and hold perpetrators accountable for their actions.
What Can Women Do To Protect Themselves?
Women can take several steps to protect themselves from economic abuse:
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Recognise the Signs: Educate yourself about the signs of economic abuse, such as controlling finances, limiting access to money, or sabotaging job opportunities.
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Financial Independence: Strive for financial independence by having your own bank account, savings, and sources of income if possible. This can provide a safety net in case of economic abuse.
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Legal Protections: Familiarise yourself with legal protections available to victims of economic abuse. In England, there are laws and support services that can help victims seek protection and financial assistance.
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Seek Support: Reach out to trusted friends, family members, or support organisations for help and guidance. They can provide emotional support and connect you with resources to address economic abuse.
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Create a Safety Plan: Develop a safety plan that includes steps to protect yourself in case of financial exploitation or control. This may involve saving money in a secure location, keeping important documents safe, and having a plan to leave if necessary.
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Document Abuse: Keep records of any instances of economic abuse, including financial transactions, messages, or conversations that demonstrate control or manipulation.
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Seek Professional Help: Consider seeking assistance from professionals such as therapists, counsellors, or legal advisors who specialise in domestic abuse and can provide personalised support and guidance.
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Know Your Rights: Educate yourself about your rights and entitlements regarding finances, housing, and other aspects of life. Understanding your rights can empower you to assert yourself and seek assistance when needed.
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Stay Informed: Stay informed about resources, support services, and legal protections available to victims of economic abuse. Knowledge is key to protecting yourself and seeking help when necessary.
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Trust Your Instincts: Trust your instincts and prioritise your safety. If you feel unsafe or are experiencing economic abuse, take action to protect yourself, whether it's seeking help from authorities, reaching out to support services, or creating a safety plan to leave the abusive situation.
What Is Maintenance Pending Suit?
Maintenance Pending Suit (MPS) is a legal provision in England, Wales, and some other jurisdictions that allows a spouse to seek financial support from the other spouse during divorce proceedings. In England and Wales, Maintenance Pending Suit (MPS) falls under the Family Law Act 1996. This Act addresses various legal aspects related to family matters, including divorce, financial provisions, and maintenance. Section 22 of the Family Law Act 1996 specifically provides the legal framework for Maintenance Pending Suit and applications.
When a marriage breaks down and divorce proceedings are initiated, financial matters such as spousal support, child maintenance, and division of assets need to be resolved. However, divorce proceedings can take time, sometimes months or even years, to reach a final settlement. During this period, one spouse may be in urgent need of financial support to cover living expenses, legal fees, or other costs related to the divorce.
Maintenance Pending Suit allows a spouse to apply to the court for interim financial support from the other spouse while the divorce is pending. The court will consider factors such as the financial needs of both spouses, the standard of living during the marriage, and the resources available to each spouse when determining the amount of maintenance to be paid.
Maintenance Pending Suit aims to ensure that both spouses have access to the financial resources they need during the divorce process, thereby preventing one spouse from being unfairly disadvantaged or suffering financial hardship. It provides a mechanism for addressing immediate financial needs until a final financial settlement is reached as part of the divorce proceedings.
What Court Form Is Used For MPS?
In England and Wales, to apply for Maintenance Pending Suit (MPS), the Applicant typically completes Form A within the divorce proceedings. Form A is the standard form used to initiate financial remedy proceedings in family law cases, including divorce. It is also known as the "Notice of [intention to proceed with] an application for a financial order."
Within Form A, there is a specific section where the applicant can indicate the need for interim financial relief, including a request for Maintenance Pending Suit. The applicant can outline their financial circumstances and the reasons why they require financial support during the divorce process.
It's important to note that while Form A initiates financial remedy proceedings, specific applications for interim relief, such as Maintenance Pending Suit, can be made separately or within the broader financial remedy proceedings. The court will consider the circumstances of the case and the need for interim financial relief when processing the application.
FORM A 'Notice of [intention to proceed] with a financial application
We hope you have found this blog post helpful. Take what resonates, leave what does not. If you are a victim of economic abuse or know anyone that is suffering, please contact us so we can assist where possible.
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