Family Law

You can apply for a divorce in England and Wales by submitting a sole or joint application online via the GOV.UK service, citing irretrievable breakdown of the marriage — now the only ground, with no need to prove fault or separation periods under the new no-fault system introduced in 2022.

Prenuptial agreements are not automatically legally binding in England, but courts will give them significant weight if they meet certain fairness and procedural requirements.

A no-fault divorce in England and Wales takes a minimum of 26 weeks from the date the application is issued to the final divorce order.

You can apply to court for a Child Arrangements Order under the Children Act 1989, which can specify when and how you see your children.

Child custody (now called 'child arrangements') in the UK is decided based on the child’s welfare as the court’s paramount concern, following the welfare checklist in the Children Act 1989.

The court considers the child’s welfare as the paramount concern, guided by the welfare checklist in section 1(3) of the Children Act 1989.

Yes, in most cases you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court about children, unless an exemption applies.

No, a father does not automatically get parental responsibility unless he is married to the mother at the time of the child’s birth or subsequently marries her — otherwise, he must acquire it through agreement, court order, or registration on the birth certificate (if registered after 1 December 2003).

Yes, grandparents in the UK can apply to court for a child arrangements order to see their grandchildren, but they usually need the court’s permission first.

A specific issue order is a court order under the Children Act 1989 that decides a particular question about a child’s upbringing, such as schooling, medical treatment, or changing their surname.

Courts in England and Wales divide divorce finances fairly—not necessarily equally—by considering all circumstances, especially the welfare of any children under 18 and the parties’ needs, resources, and conduct.

There is no automatic right to spousal maintenance after divorce in the UK; the court decides based on need, resources, and fairness under section 25 of the Matrimonial Causes Act 1973.

Yes, the court can order the sale of the family home on divorce under section 24 of the Matrimonial Causes Act 1973.

The court can make financial orders on divorce including periodical payments, lump sums, property adjustment, and pension sharing orders under the Matrimonial Causes Act 1973.

Child maintenance in the UK is calculated by the Child Maintenance Service (CMS) using a formula based on the paying parent’s gross weekly income, number of children, and how many nights per week the child stays with them.

You can apply to the Child Maintenance Service (CMS) for enforcement action, or ask the court to issue a liability order and take further steps like wage deductions or seizure of assets.

Yes, you can apply for a non-molestation order if you're experiencing domestic abuse and have a qualifying relationship with the abuser. The order can prohibit harassment, threats, or violence and is enforceable by arrest.

Yes, you may be able to get an occupation order to stay in the family home if you have a legal or beneficial interest in it, or if you’re married, in a civil partnership, or cohabiting with the other person.

Yes, you can apply for a non-molestation order under the Family Law Act 1996, which legally prohibits coercive or controlling behaviour by an ex-partner.

Social services can only take your child into care if a court makes a care order under the Children Act 1989, and they must prove your child is suffering or likely to suffer significant harm.

Taking a child abroad without your consent may be child abduction under the Children Act 1989. You can apply urgently to court for a prohibited steps order or return order.

No, you cannot relocate abroad with your child after divorce without either the other parent’s consent or court permission.

Unmarried couples in the UK have no automatic right to share property on separation — ownership depends on legal title, express agreements, or court orders under the Trusts of Land and Appointment of Trustees Act 1996.

To adopt your stepchild in the UK, you must apply to a family court for an adoption order, meet eligibility requirements (e.g., be over 21 and live with the child for at least 6 months), and obtain consent from all those with parental responsibility — unless the court dispenses with it.