Olivia Piercy examines domestic abuse and financial remedies in The Times
Olivia’s article was published in The Times, 18 June 2026, and can be seen here.
Olivia Piercy, Partner in our Family & Relationships team, discusses how the Pelicot case starkly exposes the limitations of English divorce law when it comes to recognising domestic abuse in financial settlements.
Olivia explains that under current law, even the most extreme forms of abuse may have little to no impact on how assets are divided unless a clear and direct financial consequence can be proven. Despite the Matrimonial Causes Act 1973 permitting courts to take conduct into account, recent High Court decisions have significantly narrowed how this principle is applied. In practice, this means that only exceptional cases succeed, leaving many survivors without meaningful financial recognition of the abuse they have suffered.
She highlights growing concern from organisations such as Resolution, the Domestic Abuse Commissioner, and charities focused on economic abuse, all of whom warn that the current approach leaves survivors vulnerable and fails to reflect the true impact of abuse. Evidence shows that domestic abuse is closely linked to financial control, with long-term consequences including reduced earning capacity, damaged career prospects, and lasting effects on physical and mental health.
Olivia argues that while courts often cite limited resources as a reason for excluding abuse from financial remedy cases, they continue to devote significant time to resolving other complex financial disputes. This raises important questions about fairness and whether the legal system is properly prioritising issues that disproportionately affect survivors, particularly women.
Ultimately, Olivia concludes that reform is needed. If the courts are unwilling or unable to give full effect to the existing legislation, then Parliament should step in to clarify the law and require domestic abuse to be expressly considered in financial remedy cases, ensuring more equitable outcomes for survivors and their families.
Read the full article on The Times website [subscription required].