Understanding and Tackling Coercive Control After Separation

TRIGGER WARNING - this blog post contains discussions of family violence and coercive control. 

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Coercive control is a form of domestic abuse that often does not cease even after a relationship has ended. As governments around the world, including states in Australia such as Queensland, New South Wales, and Tasmania, introduce new legislation to criminalize this behavior, awareness is growing. It's crucial to understand how such control can manifest after separation, especially through legal and financial means, to protect oneself and move forward.

Identifying Coercive Control in Post-Separation Life

The clearest signs of coercive control after a relationship has ended are not always immediately apparent. This control can continue through isolation from support systems, monitoring activities, restriction of autonomy, gaslighting, threatening behavior towards children or pets, and financial manipulation. Staying vigilant to these tactics is essential in identifying and addressing coercive control in post-separation dynamics.

Financial Abuse and Coercive Control

After leaving a coercive partner, many assume they will have full autonomy over their finances, but this is often not the case. Financial abuse can continue in various forms, from an ex-partner using child support payments as leverage, to delaying property settlements, or even hiding assets to minimize financial responsibilities. Knowledge of these tactics and legal protections is vital to countering financial abuse post-separation.

Legal Abuse and Coercive Control After Separation

Legal systems can inadvertently become tools for abusers to continue their coercive control. This control often manifests as legal abuse, where the abuser prolongs court procedures to maintain their grip on the victim. It’s a form of harassment that forces survivors to constantly engage with their abuser through the legal process, draining emotional and financial resources.

Tackling Coercive Control in Legal Settings

The Family Court is increasingly stringent on nondisclosure and noncompliance, with significant penalties for those attempting to manipulate financial outcomes during a separation. It's critical for survivors to be proactive, to gather evidence, and to insist on their rights during legal proceedings. Clear case laws are emerging that attribute hidden assets back to the abuser, aiming to resolve cases fairly and swiftly.

Financial Control and Property Settlements

An abuser's tactics to control a survivor's finances doesn't end with separation. Financial control can continue through manipulation during property settlements. Nondisclosure of assets or hiding wealth are common strategies employed by abusers to reduce their financial obligations. The court system, in response, has begun to award a greater share of the remaining assets to the victim when such behavior is uncovered.

Strategies Against Financial Manipulation After Separation

Survivors are advised to pay close attention to their financial statements, question suspicious withdrawals, and maintain records of any financial manipulation by the ex-partner. Disclosure laws require both parties in a separation to be forthcoming about their financial situation, and courts can impose heavy penalties on those who try to deceive the system. In instances of nondisclosure, the court is authorized to make reasonable assumptions about the missing assets and adjudicate accordingly.

Empowerment Through Knowledge

Awareness and knowledge are the first steps in the fight against post-separation coercive control. Understanding the legal tools at one's disposal and the tactics used by abusers, such as financial and legal manipulation, is crucial for survivors. Taking informed action, guided by legal advice specific to one's circumstances, can alleviate the undue pressure created by coercive ex-partners post-separation.

Seek Professional Legal Advice

While increasing awareness and self-education on coercive control and its manifestations after separation is important, it is imperative for those affected to seek professional legal advice. Lawyers with expertise in family law can offer individualized strategies and legal pathways to counter post-separation abuse effectively. As every situation differs, tailored legal advice is necessary to ensure the best possible outcomes for survivors of coercive control.

Please call 1800 Respect if you are suffering from coercive control 

Please call 000 If in immediate danger

Please call life line 13 11 14 if you need to talk to someone.

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