A recent High Court ruling has brought renewed attention to the issue of coercive control in divorce proceedings, after a judge found that a multimillionaire husband had attempted to isolate his wife from her legal advisers.
The case of PN v SA, involving a multimillion-pound divorce, has sparked wider concerns about how coercive behaviour can play out in the context of family law, particularly when one party controls the finances.
Alison Green, Head of the Family & Relationship Team at Mackrell LLP, considers the risks this type of conduct poses and advises on how family lawyers can support clients when concerns arise.
“It’s not especially common, but when coercive control does come into play, the consequences can be serious.
“A client who’s isolated or manipulated might settle on terms that are far from fair, especially if they’re listening to their former partner rather than their own legal team.”
Alison explains that the issue is often hidden in plain sight.
“Often the party being controlled doesn’t realise it’s happening until it’s too late. Once we’re instructed, we can put clear boundaries in place between parties, but the challenge is making sure they’re able to access independent legal advice in the first place.”
In PN v SA, the husband was found to have deliberately interfered with the wife’s legal representation, a tactic that may have altered the course of the settlement had it gone unnoticed.
“If we suspect a client is under pressure, we will raise it, both directly with the client and on record with the opposing party, in order to protect the client and hold the other side to account.”
Cases like PN v SA have prompted discussion about whether courts should be given greater powers to monitor coercive or manipulative conduct in financial proceedings, but Alison is cautious about that idea.
“The court’s job is to adjudicate, not to manage the minutiae of how a case develops day to day. That said, they should have the ability to sanction behaviour that undermines the fairness of proceedings, especially when it comes to tactics that interfere with access to justice.”
For solicitors, safeguarding obligations must be carefully balanced with client confidentiality, something Alison and her team take seriously.
“Confidentiality can only really be overridden in cases involving potential illegality. However, often, a face-to-face meeting, with a colleague present as a witness, is the best way to explore what’s happening and offer the right support.
“Sometimes bringing in a non-legal professional can also help. That might mean involving a counsellor, mediator, or specialist support worker who can help address any underlying emotional or psychological pressure.”
While high-value cases draw headlines, Alison notes that coercive behaviour isn’t exclusive to the super wealthy.
“It’s not uncommon for the wealthier party to believe they shouldn’t have to give up much, or anything, during divorce, and if they can manipulate the situation to achieve that, some will.
“However, this kind of control isn’t confined to the ultra-rich. Anyone holding the purse strings, who feels wronged or aggrieved, may try to tilt the scales.”
For clients concerned about coercive behaviour in a divorce, Alison’s advice is to seek professional advice as soon as possible.
“Don’t go it alone. The earlier you get proper advice, the better protected you’ll be.”
If you or someone you know is going through a complex separation and needs advice on financial abuse or coercive control, contact Alison Green and the Family & Relationship team at Mackrell Solicitors.
