A Subtle but Significant Shift: Dealing with Coercive Control in Financial Remedy Proceedings
A subtle but significant shift is emerging in UK family law: recent financial remedy decisions highlight how courts in England and Wales are increasingly factoring coercive and controlling behaviour into settlements. This evolving approach signals a growing willingness to look beyond finances alone and consider fairness in the context of the entire relationship.
Published: March 30th, 2026
3 mins read
Recent decisions by HHJ Cusworth are changing how judges in England deal with financial remedy settlements involving coercive and/or controlling behaviour.
In the case of LP v MP [2025] EWFC 473, the wife had misled the husband as to the nature of her employment, convincing the husband that she was about to become a High Court judge and that their marriage would support her career. This was not the case. In 2020, the wife pleaded guilty to 2 unrelated offences of fraud and dishonesty, which led the husband to become curious about the wife.
HHJ Cusworth found that the wife had conducted coercive, controlling and abusive behaviour against the husband. Due to this behaviour, the Court significantly reduced the wife’s share of the assets. HHJ Cusworth explained that this decision was made on the basis that it would be unfair to victims of coercive control if such behaviour is ignored by the courts. HHJ Cusworth held that the wife was not entitled to replicate the standard of living enjoyed during the marriage due to her behaviour.
HHJ Cusworth’s approach shows that, rather than treating coercive and controlling behaviour as something separate, the Court has begun to ask what is fair considering the whole of the relationship, including conduct. The Court is beginning to move away from solely focusing on the finances and towards understanding the dynamics of the relationship more. This is not to say that all behaviour will be considered relevant by a Court; the behaviour will need to be ‘obvious and gross’ and it would be unfair to ignore it.
Thus, despite the recent ruling, the courts are still cautious when assessing the conduct of the parties. This means that not every difficult or unhappy relationship will lead to the financial outcome being affected. For the Court to consider behaviour, the behaviour must be:
Serious and significant
Supported by clear evidence
Relevant to what the Court considers fair
Whilst the legal test has not changed, the recent decisions of HHJ Cusworth mark a subtle but significant shift in the way Court are assessing financial remedy matters. It demonstrates that the courts are becoming more open to discussing the human aspect behind finances – it is no longer just about money but about how individuals have been treated.
How Forbes Solicitors Can Help
If you are navigating financial remedy proceedings where coercive or controlling behaviour may be a factor, our Family Law team at Forbes Solicitors can provide clear, strategic advice tailored to your situation. We understand the importance of balancing financial outcomes with the wider context of your relationship and will guide you through every stage of the process.
Whether through negotiation, alternative dispute resolution, or Court proceedings, we are committed to achieving fair and practical outcomes that reflect your circumstances.
To start your enquiry, you can contact Forbes Solicitors via our website and a member of the team will be in touch to arrange an initial consultation by telephone, video call, or in person. Alternatively, call us on 0800 689 1058.
For further information please contact Kira Sutcliffe
