Understand your rights in family matters

Family law in England and Wales has shifted toward less adversarial routes — no-fault divorce since April 2022, mandatory MIAM mediation information meetings, and the Domestic Abuse Act 2021's broader definition of abuse including coercive and post-separation control. This hub covers divorce and dissolution, financial settlements (Form A, Form E, FDR), child arrangements and parental responsibility, child maintenance via the CMS, cohabitation rights, domestic abuse non-molestation and occupation orders, restraining orders, and protections for survivors with No Recourse to Public Funds. Where the law differs in Scotland or Northern Ireland we flag it.

13 guides in this section

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No-Fault Divorce

The no-fault divorce process introduced in April 2022, replacing old fault-based grounds with a simple statement of irretrievable breakdown.

Child Maintenance Service

How the Child Maintenance Service calculates and collects child support payments.

Child Arrangements Orders

How the family court decides where a child lives and how much time they spend with each parent.

Domestic Abuse Legal Protection

Legal orders that protect victims of domestic abuse including non-molestation and occupation orders.

Cohabitation Rights

What legal rights unmarried couples have — and crucially, what they do not have — in England and Wales.

Civil Partnerships

Registration, legal rights equivalent to marriage, and how civil partnerships are dissolved.

Step-by-step guides

Follow a guided process from start to finish for common situations.

I Want to Apply for Divorce

5 steps

I Am Divorcing and We Have Children

7 steps

Compare your options

Divorce vs Legal Separation

Prepare with a checklist

Divorce Application ChecklistDomestic Abuse Emergency Leaving Checklist

All guides in this section

No-Fault Divorce

The no-fault divorce process introduced in April 2022, replacing old fault-based grounds with a simple statement of irretrievable breakdown.

Child Maintenance Service

How the Child Maintenance Service calculates and collects child support payments.

Child Arrangements Orders

How the family court decides where a child lives and how much time they spend with each parent.

Domestic Abuse Legal Protection

Legal orders that protect victims of domestic abuse including non-molestation and occupation orders.

Cohabitation Rights

What legal rights unmarried couples have — and crucially, what they do not have — in England and Wales.

Civil Partnerships

Registration, legal rights equivalent to marriage, and how civil partnerships are dissolved.

Financial Settlement on Divorce

How courts divide assets on divorce — needs, sharing, MIAM, Form E, and the FDA, FDR, and Final Hearing process.

Parental Responsibility

Who has parental responsibility by default and how unmarried fathers and step-parents can acquire it.

Consent Orders After Divorce

How to make a financial agreement legally binding through a court-approved consent order, including Form D81.

Pension Sharing on Divorce

Pension sharing orders, offsetting, attachment, PODE reports, and why CEV alone is rarely the right answer for DB pensions.

Pre-Nuptial and Post-Nuptial Agreements

Status after Radmacher v Granatino, requirements for a persuasive agreement, and the Law Commission reform proposal.

Care Proceedings (Section 31 Children Act 1989)

When social services apply for a Care Order — threshold criteria, 26-week timetable, non-means-tested legal aid, and how to oppose.

Forced Marriage Protection Orders

How to apply for an FMPO under the 2007 Act — emergency without-notice procedure, who can apply, and the Forced Marriage Unit.

Frequently asked questions

How long does a no-fault divorce take?
Under the no-fault divorce procedure introduced in April 2022, there is a mandatory 20-week reflection period between the court issuing the conditional order (formerly decree nisi) and you being able to apply for the final divorce order. In practice, the full process from application to final order typically takes between six and twelve months, depending on court workloads. Financial arrangements and agreements about children are dealt with separately and can take longer.
Does it matter who caused the marriage to break down for the divorce settlement?
Under the current no-fault divorce system, you simply state that the marriage has broken down irretrievably — no reasons or fault are given. When it comes to the financial settlement, fault (such as adultery or unreasonable behaviour) is very rarely relevant to how assets are divided. Courts focus on the needs of both parties, the length of the marriage, contributions made, and the welfare of any children rather than conduct.
Can I get a non-molestation order without going to court?
Non-molestation orders are granted by the family court. However, in an emergency your solicitor or the court can obtain an order on the same day without the other person being present (called an ex parte or without notice application). Legal aid is still available for domestic abuse cases regardless of your income — contact a family law solicitor or the National Domestic Abuse Helpline (0808 2000 247) for immediate help.
What rights do I have as an unmarried partner if my relationship ends?
Contrary to popular belief, there is no such thing as "common law marriage" in England and Wales. Unmarried partners have no automatic right to each other's property, pension, or inheritance. If you jointly own property you will have rights under co-ownership law, but if the property is in your partner's sole name you may need to establish a constructive trust. You should seek legal advice as early as possible. A cohabitation agreement made while living together can help clarify the position.
How does the Child Maintenance Service calculate payments?
The Child Maintenance Service calculates maintenance based on the paying parent's gross weekly income (from their most recent HMRC tax year). The rates are: 12% of gross income for one child, 16% for two children, and 19% for three or more children. These percentages are reduced if the paying parent has other children in their household, and adjusted if the child spends a significant number of nights with the paying parent. You can use the government's child maintenance calculator on GOV.UK.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.