Do I have to attend mediation if there's been abuse?

No. If you or your children have been victims of domestic abuse, you are exempt from the requirement to attend a Mediation Information and Assessment Meeting (MIAM). You will need to provide evidence of the abuse, such as a police report, court order, letter from a refuge, or letter from a health professional. Your mediator assessor can also confirm the exemption.

Can I keep my address hidden from my ex?

Yes. If disclosing your address would put you or your children at risk, you can file a Form C8 to keep it confidential. The court will hold your address details separately and will not include them in any documents served on your ex. Make sure to tell the court about this at the earliest opportunity.

How does abuse affect how finances are divided?

The court can take conduct into account under Section 25(2)(g) of the Matrimonial Causes Act 1973 if it would be inequitable to disregard it. In practice, the bar is high — everyday bad behaviour during a marriage does not usually count. But severe conduct such as sustained economic abuse, dissipation of assets, or violence that has had a financial impact can influence the outcome.

What evidence do I need?

Gather what you can safely. Useful evidence includes: police reports or crime reference numbers, non-molestation or occupation orders, letters from your GP or hospital, refuge records, MARAC referrals, photographs of injuries, screenshots of threatening messages, and evidence of economic abuse such as bank statements showing financial control. You do not need all of these — any supporting evidence helps.

Yes, if you can provide evidence of domestic abuse and meet the financial eligibility criteria. Legal aid is available for financial remedy cases involving domestic abuse. Accepted evidence includes a relevant conviction or police caution, a non-molestation order, a MARAC referral, or a letter from a domestic abuse support service. Check the Legal Aid Agency's evidence requirements for the full list.

Domestic Abuse and Financial Remedy — Your Rights and Protections

If you are experiencing or have experienced domestic abuse, the family court system has protections in place to help you through your financial remedy case safely. This guide explains how abuse affects the process, what exemptions and protections you are entitled to, and how to access help. You are not alone, and you do not have to face your ex in an unprotected setting.

Domestic abuse includes physical violence, but it also includes emotional abuse, coercive and controlling behaviour, economic abuse, threats, harassment, and stalking. The law recognises all of these forms.

What is domestic abuse in the context of financial remedy?

Domestic abuse is defined in the Domestic Abuse Act 2021 as any behaviour by a person towards another person that is abusive. This includes:

Physical abuse — hitting, pushing, restraining
Emotional and psychological abuse — humiliation, intimidation, gaslighting, isolation
Coercive and controlling behaviour — monitoring movements, restricting freedom, making threats
Economic abuse — controlling access to money, running up debts in your name, preventing you from working, hiding assets
Sexual abuse

Economic abuse is particularly relevant in financial remedy because it goes directly to the heart of the case — the finances. If your ex controlled the money, hid assets, or deliberately wasted money to reduce what is available, this can affect how the court divides things up.

Why it matters

Domestic abuse changes several important parts of the financial remedy process:

MIAM exemption — You do not have to attend mediation or a Mediation Information and Assessment Meeting (MIAM) before applying to court.
Legal aid — You may qualify for legal aid to pay for a solicitor, which is not normally available in financial remedy cases.
Special measures — The court can put protections in place so you do not have to be in the same room as your ex, or even in the same building.
Form C8 — You can keep your address hidden if you are at risk.
Conduct under Section 25 — In serious cases, the abuse itself can influence how the finances are divided.

Understanding these protections means you can engage with the court process without being put at further risk.

What happens

Here is how domestic abuse interacts with the financial remedy process:

MIAM exemption — When you file your Form A to start financial remedy proceedings, you will be asked if you attended a MIAM. Tick the exemption box and state that you are exempt due to domestic abuse. You need to provide evidence (see the FAQ above for what counts).
Form C8 — confidential address — If you have left the family home and your ex does not know where you are living, file a Form C8 at the same time as your Form A. The court keeps your address in a sealed envelope and it is not shared with your ex or included on any court documents they receive.
Applying for legal aid — Contact the Legal Aid Agency or a legal aid solicitor. You will need to provide evidence of the abuse and show you meet the financial eligibility test. A legal aid solicitor can handle your entire financial remedy case.
Special measures at court — Before any hearing, write to the court (or ask your solicitor to) requesting special measures. These can include:
- Separate waiting areas
- Screens in the courtroom so you cannot see your ex
- Giving evidence by video link from a separate room
- Having a support person with you (such as an Independent Domestic Violence Advisor — IDVA)
- Staggered arrival and departure times
Disclosure and Form E — You still need to complete Form E, but if gathering financial information is difficult because your ex controlled the finances, tell the court. The court can order your ex to provide documents and can draw adverse inferences if they refuse to disclose.
Conduct arguments — If the abuse has had a financial impact (for example, your ex deliberately spent savings, ran up debts, or damaged your earning capacity), your solicitor or you can raise this as conduct under Section 25(2)(g). The court can take this into account when deciding what is fair.

What you need to do

Prioritise your safety. If you are in immediate danger, call 999. If you need to plan a safe exit, contact the National Domestic Abuse Helpline on 0808 2000 247.
Gather evidence safely. Only collect evidence if it is safe to do so. Do not put yourself at risk. Even small pieces of evidence — a screenshot, a diary entry, a text message — can help.
File Form C8 early. If your address needs to be confidential, file this at the very start of proceedings. Once your address appears on a court document, it is very hard to undo.
Apply for legal aid. Having a solicitor makes an enormous difference in abuse cases. Check eligibility at gov.uk/check-legal-aid.
Ask for an IDVA. An Independent Domestic Violence Advisor can support you through the court process, attend hearings with you, and help you access other services. Ask your local domestic abuse service or the court.
Request special measures in writing. Do not assume the court knows about the abuse. Put your request in a letter or email to the court as early as possible, ideally before the first hearing.
Tell the court about economic abuse. If your ex hid money, controlled accounts, or deliberately ran down assets, this is relevant to the financial remedy case. Raise it clearly.

What could go wrong

Not claiming the MIAM exemption. If you attend a MIAM with your abuser because you did not know you were exempt, this could put you at risk and give your ex an opportunity to pressure you into unfair mediation.
Forgetting to file Form C8. If your address is disclosed on court papers, your ex will know where you live. File Form C8 before or at the same time as your first court application.
Not requesting special measures. The court will not automatically put protections in place. You need to ask. If you turn up on the day and your ex is in the same waiting room, it is too late.
Underestimating economic abuse. Controlling money, running up debts, and hiding assets are forms of domestic abuse and are relevant to the financial case. Make sure the court knows about this.
Not applying for legal aid. Many people do not realise they qualify. If there is evidence of domestic abuse and you meet the financial test, you can get a solicitor funded by legal aid. This is one of the few situations where legal aid is still available for family cases.

Where to get help

National Domestic Abuse Helpline — 24-hour freephone: 0808 2000 247 or nationaldahelpline.org.uk
Women's Aid — Support, refuge referrals, and the Survivors' Forum: womensaid.org.uk
Refuge — Support for women and children: refuge.org.uk
ManKind Initiative — Support for male victims: 01823 334244 or mankind.org.uk
Galop — Support for LGBT+ victims: 0800 999 5428 or galop.org.uk
Rights of Women — Free legal advice line for women: 020 7251 6577 or rightsofwomen.org.uk
Legal Aid Agency — Check if you qualify: gov.uk/check-legal-aid
Surviving Economic Abuse — Specialist support for economic abuse: survivingeconomicabuse.org