The glass through which to assess fairness – domestic abuse in financial remedy proceedings – Journal of Social Welfare and Family Law
‘In some respects, LP v MP [2025] EWFC 473 widens the courts’ approach to considering domestic abuse in the division of assets on divorce. However, the judgment also leaves important questions unanswered. As readers will be aware, s 25(2)(g) of the Matrimonial Causes Act 1973 (‘MCA’) allows the court to take account of ‘the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it’. The bar for conduct to be considered relevant is high. In N v J [2024] EWFC 184, Peel J confirmed that conduct must be ‘of a high degree of exceptionality’ [para 28]. He also remarked that ‘[t]he increasing awareness of the incidence of domestic abuse and its harmful and pernicious effects, does not lower the conduct hurdle to be surmounted in financial remedy proceedings’ [para 29]. The exceptionality requirement remains unchanged by LP v MP, and the judgment leaves open questions about the role of gender in that requirement.’
Journal of Social Welfare and Family Law, 19th May 2026
Source: www.tandfonline.com

