England · Family Law
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Legal context
Family law in England underwent significant reform with the Divorce, Dissolution and Separation Act 2020, introducing no-fault divorce from April 2022. This allows couples to divorce without proving fault, requiring only a statement of irretrievable breakdown. The Children Act 1989 remains the cornerstone legislation for child arrangements, prioritising the welfare of children in all decisions. Financial matters following separation are governed by the Matrimonial Causes Act 1973, with courts having wide discretion to make financial remedy orders including property transfers, lump sum payments, and maintenance orders. The Family Court, established in 2014, handles most family matters at first instance, with appeals going to the High Court or Court of Appeal.
Key legislation: Children Act 1989
At a glance
Since April 2022, couples in England can divorce without blame using the new no-fault system. The process takes a minimum of 26 weeks from application to final order, with a 20-week reflection period built in. Joint applications are now possible, making the process less adversarial.
The Family Court makes decisions about where children live and when they spend time with each parent based on the child's best interests. Child arrangements orders have replaced the old concepts of 'custody' and 'access'. Parents are encouraged to use mediation before applying to court.
The court can make various financial orders including property adjustment, lump sum payments, and spousal maintenance. All assets are considered, with the court applying principles of fairness and meeting needs. Clean break settlements are preferred where possible, though ongoing maintenance may be ordered.
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Common questions
Under the new no-fault system introduced in April 2022, divorce takes a minimum of 26 weeks from application to final order. This includes a mandatory 20-week reflection period after applying, followed by 6 weeks before the final order. The process can take longer if there are disputes about finances or children that need resolving through the Family Court.
A prohibited steps order is a court order under the Children Act 1989 that prevents a parent from taking certain actions without court permission. Common examples include stopping a parent from removing a child from England, changing their school, or consenting to medical treatment. The Family Court will only make such orders if it's in the child's best interests.
Legal aid through the Legal Aid Agency is limited for most family cases in England. It's generally only available for domestic violence cases (with evidence required) or child protection proceedings. For divorce and financial matters, legal aid is rarely available unless there's proven domestic abuse. Most people need to fund their own representation or agree payment plans with solicitors.
The Family Court has wide powers to deal with the matrimonial home, regardless of whose name it's in. Options include transferring it to one party, ordering a sale and division of proceeds, or deferring sale until children reach 18. The court considers factors including housing needs, especially for children, each party's financial resources, and contributions to the marriage.
Child maintenance in England is usually calculated by the Child Maintenance Service using a formula based on the paying parent's income. For basic rate (income £800-3,000 per week), it's 12% for one child, 16% for two, 19% for three or more. The Family Court can only order maintenance in limited circumstances, such as for high earners or additional expenses.
A non-molestation order is an injunction under the Family Law Act 1996 that protects you from domestic abuse. It can forbid your ex-partner from threatening, harassing, or coming near you and your children. Breaching a non-molestation order is a criminal offence punishable by up to 5 years in prison. Emergency orders can be obtained the same day from the Family Court.
Grandparents don't have automatic rights to see grandchildren in England but can apply to the Family Court for contact. They first need permission to make the application unless they have parental responsibility. The court will consider the child's welfare as paramount and whether contact with grandparents is in their best interests.
Pensions are considered matrimonial assets in England and can be divided through pension sharing orders, offsetting against other assets, or attachment orders. The Family Court will consider all pensions including state pensions, workplace schemes, and private pensions. Expert valuation is often needed for defined benefit schemes. Pension sharing creates a clean break by splitting the pension fund.
General information only. It may not apply to your facts, and rules or time limits can change.
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