Common Questions
Family Law FAQs — England
How long does divorce take in England?
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.
What is a prohibited steps order?
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.
Can I get legal aid for family matters?
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.
What happens to the family home in divorce?
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.
How is child maintenance calculated?
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.
What is a non-molestation order?
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.
Can grandparents apply for contact with grandchildren?
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.
How are pensions divided in divorce?
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.
