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Family law covers some of the most significant decisions a person faces. Courts prioritise the welfare of children above all else.
Key topics
Since April 2022, England and Wales has a no-fault divorce system. Either spouse (or both jointly) can apply without blaming the other. The process takes a minimum of 26 weeks from application to final order.
Courts decide child arrangements by applying the welfare checklist in the Children Act 1989. The starting presumption is that involvement of both parents is in the child's best interests, unless there is evidence of risk.
On divorce, the court can make orders dividing assets, awarding periodical payments (maintenance), and dealing with pensions. The starting point is equality, but courts adjust for the welfare of any children and each party's needs.
Child maintenance is calculated by the Child Maintenance Service using a formula based on the paying parent's gross income and the number of nights the child stays with them. Private arrangements are also possible.
Guides
Stage 05 · resolve
A verbal or written financial agreement between divorcing spouses is not legally binding until it is turned into a court…
Stage 06 · file
If parents cannot agree arrangements for their children, either parent can apply to the Family Court for a Child Arrange…
Stage 04 · rights
Cohabiting couples in England and Wales have no automatic legal rights equivalent to those of married couples or civil p…
Stage 04 · notice
A Mediation Information and Assessment Meeting (MIAM) is a meeting with an accredited mediator that most people must att…
Latest news
HMCTS has revised Form E — the standard financial disclosure document used in divorce and dissolution proceedings — with expanded sections for pension assets and cryptocurrency holdings.
3 min read →The Judiciary of England and Wales has issued updated guidance on when a clean break financial order is appropriate and what the court must consider before making one final.
3 min read →The Ministry of Justice has confirmed that child arrangements orders will be replaced by "parenting orders" under the Children (Terminology) Bill, using language focused on the child rather than parental rights.
3 min read →The Legal Aid Agency has launched a consultation proposing to raise the income and capital limits that determine eligibility for civil legal aid for the first time since 2010.
3 min read →Articles
How-to
Where to begin, which parts to skip, and how to tell a rule from its exceptions. A method you can use on any law.
Explainer
The order in which rules apply, and what happens to a clause that goes against the law.
How-to
What to include, what to leave out, and how to prove it was received.
Explainer
Cost, time and control over the result, compared side by side.
FAQ
General answers with links to official sources. Not legal advice.
Official resources
Official guide to the no-fault divorce process.
The Children and Family Court Advisory Service explains how courts decide child arrangements.
Calculate and arrange child maintenance payments.
Guides to separation, divorce and financial settlement.