Family Law Explained

Divorce and Separation

In England and Wales, the grounds for divorce have been simplified following reforms introduced in recent years, including the fully embedded no-fault divorce system. Couples can now apply jointly without assigning blame, reducing conflict and speeding up the process. The minimum waiting period is six months from the start of proceedings.

The legal process involves filing a divorce petition or joint application, resolving issues around finances and children, and obtaining a decree nisi followed by a decree absolute to finalise the divorce.

Separation agreements can be used to record arrangements about finances and children but are not legally binding unless incorporated into a court order.

Divorce impacts both children and finances significantly, requiring careful consideration of child arrangements and fair division of assets.

Child Arrangements and Parental Responsibility

Parental responsibility refers to the legal rights and duties a parent has concerning a child’s upbringing. Mothers automatically have parental responsibility, as do fathers if married to the mother at the time of birth or registered on the birth certificate.

Child arrangements orders determine where a child lives (residence), who they spend time with (contact), and address specific issues like education or medical treatment. The court’s paramount consideration is the child’s welfare, guided by the welfare checklist under the Children Act 1989.

Mediation and other non-court dispute resolution methods are encouraged to settle disagreements amicably and reduce the emotional strain on families.

Financial Settlements and Maintenance

When a marriage or civil partnership ends, the division of assets and property is governed by the principle of fairness, taking into account the needs and contributions of both parties. The court has wide discretion to redistribute property, pensions, and other assets.

Spousal maintenance may be awarded to support a financially weaker partner, based on eligibility criteria such as income, earning capacity, and length of the marriage.

Child maintenance is calculated according to statutory guidelines and enforced by the Child Maintenance Service if necessary.

Recent reforms in 2025 have given greater weight to pre-nuptial and post-nuptial agreements, allowing courts to enforce these agreements more readily, provided they are fair and entered into freely.

Domestic Abuse and Protective Orders

Domestic abuse is a serious and sadly common issue affecting many families across the UK. Under UK law, domestic abuse is defined as any incident or pattern of incidents involving controlling, coercive, threatening behaviour, violence, or abuse between people aged 16 or over who are, or have been, intimate partners or family members, regardless of gender or sexuality. This abuse can take many forms, including:

• Physical abuse (hitting, slapping, punching)
• Sexual abuse
• Psychological or emotional abuse (including gaslighting and coercive control)
• Financial abuse (controlling access to money or property)
• Digital or online abuse
• Honour-based abuse, forced marriage, and female genital mutilation (FGM)

Protective Orders Available

The law provides several types of protective orders to help victims stay safe:

• Non-molestation orders: Prohibit the abuser from using or threatening violence or harassment against the victim or their children.
• Occupation orders: Regulate who can live in the family home, potentially excluding the abuser to protect the victim’s safety.

These orders are designed to provide immediate protection and can be applied for through the family courts.