Post-separation coercive control and domestic abuse in the Domestic Abuse Act 2021
Coercive Control After Separation: The Domestic Abuse Act 2021 (article updated: 27th January 2026)
It’s now over four years since the Domestic Abuse Act 2021 was amended to include new clarity around domestic abuse, including for the first time the offence of post-separation abuse. This ground-breaking amendment recognised that domestic abuse does not necessarily ends when the victim and abuser are physically separated, divorced, or live in separate homes.
Our original article on post-separation abuse was read by thousands of people across the UK and beyond. In this updated version for 2026, LGFL Managing Director Rita Gupta explains why the inclusion of post-separation abuse is still so important, both for ex-partners and their children.
I would like to say that the 2021 Domestic Abuse Act has reduced the number of post-separation abuse cases that I deal with. Sadly, it hasn’t. There is still a real problem of post-separation abuse, experienced by far too many victims of domestic violence, male or female.
However, what has changed is that the issue is much more widely recognised, quashing the myth that ending the relationship provides an end to abuse. This shift in awareness alone has helped victims to come forward and be confident that action will be taken by the police and the courts.
Sadly, I also feel the courts and CPS are still not grappling with the issues. As family lawyers we need to positively identify cases where there is a high risk of post separation abuse. We then need to factor this into our strategy and long term arrangements, both in children and financial cases.
What is post-separation abuse?
Post-separation abuse is abuse that continues after your relationship has ended. It can include some or all of the Domestic Abuse Act’s defined types of domestic abuse;
“(a) physical or sexual abuse;
(b)violent or threatening behaviour;
(c)controlling or coercive behaviour;
(d)economic abuse;
(e)psychological, emotional or other abuse”
(1)
At its core, post-separation abuse is about retaining power. The abuser continues to exert coercive control over their ex-partner in almost any way possible, whether through physical means such as violence, threats, intimidation, stalking, or via remote monitoring, emotional abuse and manipulation. Unchecked, it can continue for years, blighting the lives of victims and their families.
Post-separation abuse by both women and men
As family law practitioners, we regularly find that various forms of abuse continue long after separation, for both women and men. My personal experience of ongoing abuse cases over the past four years alone have shown that there is just as much ongoing abuse after separation than before, and it is often perpetrated by women and is therefore not gender specific .
Often the ongoing abuse revolves around issues concerning the children, as by that point the children may be the only tie the parties still have. Many clients find themselves post-separation with the same issues, the same ongoing disputes and obstacles that existed during the abusive relationship. This causes them extreme anxiety and distress. Equally, the continuation of abuse has a devastating impact on the children.
Post-separation abuse and the Domestic Abuse Act
Before the 2021 Act was passed, post-separation abuse or coercive control legislation was applied to couples who were still living together. The 2021 Bill removed the requirement for abusers and victims to be living together for an offence to take place. This was a great relief for victims trying to extract themselves from coercive controlling partners, preventing what one survivor described as their ex-partner’s
“Ongoing, indefinite power to destroy our lives”.
The Controlling and Coercive amendment extended the offence of controlling or coercive behaviour to include post-separation abuse where ex-partners no longer live in the same house. It also covered family members who no longer live together with their abuser, such as children.
“Controlling or coercive behaviour is an insidious form of domestic abuse that can destroy lives. I am pleased that the offence is being extended so we can protect more victims and send a clear message to perpetrators.”
Safeguarding Minister Victoria Atkins
“We’re absolutely delighted the government is criminalising post-separation abuse via an amendment to the Domestic Abuse Bill. By doing so, victims will receive the recognition they need and deserve. Post-separation abuse is a devastating form of coercive control and the economic abuse elements of this can continue for decades. Legislation is the first essential step on the path to eradicating it and preventing future homicides.”
Dr Nicola Sharp-Jeffs OBE, Founder & CEO, Surviving Economic Abuse.
What is post-separation economic abuse?
In the current economic climate, with so many people having to tighten their financial belts, economic abuse has the potential to be life-changing in a shorter timeframe than ever before. Post-separation abuse often involves economic abuse (financial manipulation) where the perpetrator continues to control and influence their ex-partner through financial means. This can include running up debt, denying access to joint funds, or not paying any Child Maintenance - despite being able to.
Economic abuse can also exist in more subtle forms, such as:
- Refusing to pay for extra costs for the children
- Demanding an unrealistic level of financial support and then using the children in the process
I often see parents struggling to fund all of the children’s activities, extra clothing and school uniform costs, with one parent thinking the child maintenance would cover everything. Similarly, I often see one parent feeling they have to over compensate and pay inflated financial support to ensure they are perceived to be a good parent. This ongoing manipulation causes extreme harm on both the short and long term.
(This also applies to gifts and Christmas celebrations, as I explain in my video “Tips on children's Christmas presents for divorced parents”)
Economic abuse: the stats
In a 2025 report, the charity Surviving Economic Abuse (SEA) outlined how:
“More than 4 million women (15% of women in the UK) have had their money and economic resources controlled by an abuser in the previous 12 months. Of these women, 42% did not speak to anyone, not even a family member or friend, about what they were going through.” (2)
Coerced debt is part of economic abuse. One partner may force or coerce the other into taking on debt, often in their name, which can have serious repercussions if repayments cannot be made for mortgages, loans, credit cards and other financial commitments..
The government website states that:
“60% of victim-survivors of coercive control have been coerced into taking out debt which can take many years to repay and impacts credit ratings…. The abuser will run up large bills, which the victim-survivor has to cover by having to work harder to earn more money or face going into debt. As a result they may become more tired and more controllable.” (4)
Post-separation abuse against men
Issues of post-separation abuse equally apply to male victims, who can feel financially pressured and manipulated by unreasonable demands. Their ex- partner may also seek to break the bond between them and their children through parental alienation, which can have serious long-term implications.
At the time of the 2021 amendments, Mark Brooks, Chair of Mankind Initiative, was particularly concerned about parental alienation and abuse through the court system. He considered that deliberate action would create unnecessarily alienating when no risks issues existed.
This is the still the main concern for men who have gone through domestic abuse at home, and then further financial abuse through having to enforce court orders. Financial and economic manipulation becomes an attack on their masculinity and implies that they are not good providers.
Post-separation abuse is also increasingly high tech and online, with the Mankind Initiative listing post-separate controlling behaviour such as:
• “Stalking you
• Placing false and malicious information about you on social media
• Revenge porn
• Image-based abuse
• Hacking into, monitoring or controlling social media profiles
• Blocking you from using online accounts, responding in the victim’s
place or creating false online accounts;
• Use of spyware or GPS locators on items such as phones, computers,
wearable technology, cars, motorbikes and pets
• Hacking internet enabled devices such as PlayStations or iPads to gain
access to accounts or trace information such as your location
• Using personal devices such as smart watches or smart home devices
to monitor, control or frighten you
• Use of hidden cameras” (5)
Post-separation abuse and children
The use of coercive control isn’t just confined to the ex-partner. A study in Child Abuse Review explains how perpetrators of domestic abuse can continue to exert coercive control over their children long after separation. Based on the experiences of children with fathers or father-figures imposing coercive control, a research team identified three main types of experiences:
- Dangerous fathering that was frightening
- ‘Admirable’ fathering that appeared caring to outsiders
- Omnipresent fathering that constrained the lives of their children resulting in a “fearful mental and emotional state”
The team’s key message was that:
“Children and young people can be direct victims/survivors of coercive control and they can experience it in much the same ways as adults do – feeling confused and afraid, living constrained lives, and being entrapped and harmed by the perpetrator. Coercive control can harm children and young people emotionally/psychologically, physically, socially and educationally.”
Post-separation abuse and the courts
Another aspect of post-relationship coercive control is that perpetrators may try to manipulate the court system to “punish” their ex-partner, as Yorkshire domestic abuse charity IDAS explains:
“This may involve repeated applications to court for contact arrangements or enforcement of orders, however they may show little interest in maintaining contact once orders have been made or even mistreat or endanger the children during court ordered contact.”
To try and limit this, the Domestic Abuse Act 2021 included the instruction of s.91(A) into the Children Act . As the Justice.gov website explains:
“Section 91(14) orders are available to prevent a person from making future applications under the 1989 Act without leave of the court. They are a protective filter made by the court, in the interests of children.”
As Lord Wolfson, Parliamentary Under Secretary of State, Ministry of Justice explained in 2024,
“By clarifying the law on the use of section 91(14) ‘barring orders’ in the family courts, we will be protecting more victims from being repeatedly dragged back to court by their abusive ex-partners.” (7)
Again, it’s important to remember these issues apply equally to male and female victims of post-separation abuse. At LGFL, we regularly act for a number of male victims, and we always try and take a balanced approach.
Post-separation abuse; act now
If you have separated from your abusive ex-partner but are still suffering from post-separation abuse of any kind, now is the time to act. Contact us to arrange your reduced fee 1 hour consultation to discuss your situation. We can and will help you with any coercive control scenario. See our pages on:
If you are a victim of any form of domestic abuse, emotional abuse or coercive control, please contact us at LGFL Ltd to arrange an urgent consultation.
If you are in any immediate danger, always call 999 for police assistance.
About the author
Rita Gupta is Co-founder and Managing Director of family law firm LGFL Ltd, serving family law for clients in the Reading and Thames Valley area, across the UK and for international clients involved in UK divorce cases.
She has featured as a family law expert on national TV and radio, including BBC Radio 5 Live with Nicky Campbell, LBC, GB News with Darren McCaffrey and local TV and radio.
- Legal 500 Recommended Lawyer
- Listed in Chambers and Partners
- Listed Leading Lawyer at Wiselaw
- Member of Resolution
SOURCES:
(1)
Domestic Abuse Act 2021, c. 17 (U.K.). https://www.legislation.gov.uk/ukpga/2021/17
(2)
Surviving Economic Abuse. (n.d.). Surviving economic abuse. Retrieved August 12, 2025, from https://survivingeconomicabuse.org/
(3)
Wilson-Garwood, R. (2025). Counting the cost: The scale and impact of economic abuse in the UK. Surviving Economic Abuse & Ipsos UK. Retrieved August 12, 2025, from https://survivingeconomicabuse.org/news/economic-abuse-at-national-emergency-levels/
(4)
HM Treasury. (2025, March 18). Economic abuse toolkit (HTML). https://www.gov.uk/government/publications/public-sector-toolkits/economic-abuse-toolkit-html
(5)
Mankind Initiative. (n.d.). Types of domestic abuse. Retrieved August 12, 2025, from https://mankind.org.uk/help-for-victims/types-of-domestic-abuse/
(6)
Katz, E., Nikupeteri, A., & Laitinen, M. (2020). When coercive control continues to harm children: Post-separation fathering, stalking and domestic violence. Child Abuse Review, 29(4), 310–324. https://doi.org/10.1002/car.2611
(7)
Home Office. (2024, January 3). Section 91(14) barring orders [Policypaper]. https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/section-9114-barring-orders
(8)
Home Office. (n.d.). Amendment to the controlling or coercive behaviour offence. https://www.gov.uk/government/publications/domestic-abuse-bill-2020- factsheets/amendment-to-the-controlling-or-coercive-behaviour-offence
(9)
Gupta, Rita. Tips on children’s Christmas presents for divorced parents , LGFL Ltd, YouTube. https://youtu.be/CkpZfXFcQKM
(10)
Independent Domestic Abuse Services (IDAS). (n.d.). Post-separation abuse. https://16days.idas.org.uk/stories/post-separation-abuse/