Show Notes
Coercive and controlling behaviour is one of the most complex and widely discussed issues in family law today. In this episode of Dear Divorce Diary, family law professionals Darren Mort and Joplin Higgins explore how this behaviour appears in relationships, how it is interpreted in the court system, and why it can be difficult to prove. Through an unscripted role-play scenario, Darren and Joplin demonstrate how two people in the same relationship can experience the same situation very differently. The discussion highlights how patterns of behaviour—rather than isolated incidents—are often the key to understanding coercive control within marriages and during divorce proceedings.
What Is Coercive and Controlling Behaviour?The episode begins by unpacking the meaning of coercive control, a form of family violence that may not involve physical harm but can include psychological, financial, or emotional manipulation. Darren and Joplin explain that many people struggle to identify coercive control because:
It often occurs gradually over time
It may involve subtle forms of manipulation
Victims may feel constantly on edge or fearful without clear incidents of physical violence
This makes the issue both legally and emotionally complex. Financial Control vs Household BudgetingA key discussion point is the difference between legitimate financial management and financial abuse. Joplin explains that setting a household budget is normal in many relationships. However, financial behaviour may become controlling when it includes:
Restricting access to money
Requiring detailed justification for everyday spending
Monitoring purchases in a way that undermines autonomy
Controlling access to government payments or income
These patterns can lead to a situation where one partner loses financial independence. Patterns of Behaviour in Family LawBoth Darren and Joplin emphasise that coercive control is rarely defined by a single incident. Instead, courts typically look for:
Repeated behaviours over time
A pattern that demonstrates power or dominance
Conduct that creates fear, dependence, or restriction for the other partner
Understanding this pattern is essential for lawyers when preparing cases and presenting evidence. Challenges in Proving Coercive ControlOne of the biggest challenges in family law is proving coercive behaviour in court. Unlike physical violence, coercive control often leaves little physical evidence. Instead, it may rely on:
Personal accounts of behaviour
Recorded communications
Financial records
Witness testimony
Patterns of conduct over time
Because of this, lawyers must spend significant time building a detailed background history of the relationship. This episode provides valuable insight into one of the most debated and evolving areas of family law. Important takeaways include:
Coercive control often involves patterns of behaviour rather than single incidents
Financial management can become problematic when it restricts autonomy or independence
Evidence of coercive behaviour requires detailed documentation and legal preparation
Context and relationship dynamics are critical when assessing allegations
As Darren and Joplin highlight, coercive control is a complex legal and social issue, and understanding it requires careful examination of both personal experiences and legal standards.
Follow & SubscribeIf you’re navigating separation, parenting arrangements, or family court processes, Dear Divorce Diary offers real conversations and practical insights from experienced family law professionals. Follow, like, and subscribe to stay up to date with upcoming episodes featuring Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor). Real law. Real families. Real conversations. Subscribe, listen, learn — and know that you’re not alone. Hosted on Acast. See acast.com/privacy for more information.
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