Economic abuse happens when one party uses money, assets, or financial control to disadvantage the other. In the legal system, this can occur when someone deliberately:

• Files excessive or unnecessary applications in court.
• Drags out proceedings to create delays and increase legal bills.
• Refuses to negotiate or settle, forcing the other party into costly hearings.
• Uses the process to keep control rather than to resolve disputes.

The aim isn’t always to win the case, but to wear the other person down financially and emotionally.

You may be experiencing economic abuse through legal costs if your ex-partner:

• Frequently makes small or repetitive applications that have little substance.
• Refuses mediation or reasonable settlement offers.
• Ignores deadlines or fails to disclose documents, causing further delays.
• Threatens you with ongoing or endless court action.
• Creates situations where your legal fees keep growing while theirs remain minimal.

Australian family law recognises that misuse of the system can be a form of abuse. Courts have powers to:

• Dismiss frivolous or vexatious applications that have no merit.
• Order costs against the abusive party, requiring them to contribute to your legal fees.
• Limit further applications by the same person if they are abusing the process.

If you believe you’re facing economic abuse through legal costs, here are some steps to consider:

• Seek legal advice early: A family lawyer can help identify whether the behaviour amounts to abuse and explain your options.
• Keep records: Document applications, delays, threats, or correspondence that show a pattern of misuse.
• Explore alternatives: Mediation or arbitration may be less costly and can sometimes resolve disputes more efficiently.
• Raise concerns with the court: Judges can take economic abuse into account when making parenting or financial orders.

Most importantly, protecting your financial stability helps ensure your children’s needs are met and shields them from unnecessary conflict.

Economic abuse through legal costs is a hidden but very real form of family violence. By recognising the warning signs and seeking support, you can take steps to safeguard both your finances and your children’s wellbeing. If you’re in this situation, you don’t have to face it alone, reaching out for legal advice and support services can make a real difference.