Family Law Guide
Family Law: Divorce, Children & Settlements
A plain English guide to divorce, child arrangements, financial settlements, cohabitation rights and domestic abuse protection in England and Wales.
Divorce in England and Wales
The law on divorce changed fundamentally in April 2022. England and Wales now operate a no-fault divorce system, meaning neither spouse needs to blame the other or prove any wrongdoing. You simply state that the marriage has broken down irretrievably.
The process has two stages. First, you apply for a Conditional Order (formerly the Decree Nisi), which confirms the court is satisfied the marriage has broken down. After a further 6-week waiting period, you can apply for the Final Order (formerly the Decree Absolute), which legally ends the marriage.
The minimum total period from application to Final Order is 26 weeks. In practice, most divorces take between 6 and 12 months, depending on how quickly the financial settlement is agreed.
Financial Settlements on Divorce
The financial settlement is entirely separate from the divorce itself. Until a Consent Order is approved by the court, either party can make a financial claim against the other — even years after the divorce is finalised. This is why it is essential to reach a formal financial agreement.
The court has wide discretion in dividing assets. The starting point is equality, but the court will adjust this based on the needs of both parties and any children, the length of the marriage, each party's earning capacity, contributions made (financial and non-financial), and the standard of living enjoyed during the marriage.
The family home and pensions are typically the largest assets. Pensions can be shared, offset against other assets, or earmarked. A specialist pension actuary report (a PODE report) is often required for complex pension cases.
Most financial settlements are reached through negotiation between solicitors, or through mediation. If agreement cannot be reached, either party can apply to the court for a Financial Remedy Order. Court proceedings are expensive and time-consuming, so most cases settle before a final hearing.
Child Arrangements
When parents separate, arrangements for children should ideally be agreed between the parents. The court strongly encourages this and will only intervene if agreement cannot be reached or if a child's welfare requires it.
If you cannot agree, you must first attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless an exemption applies (for example, in cases of domestic abuse). Mediation is often quicker and less expensive than court proceedings.
A Child Arrangements Order sets out where a child lives and how much time they spend with each parent. The court's paramount consideration is always the welfare of the child, assessed against the welfare checklist in the Children Act 1989.
In cases involving allegations of domestic abuse, the court will conduct a fact-finding hearing before making any child arrangements order. A CAFCASS officer will be appointed to report on the child's welfare and wishes.
Domestic Abuse Injunctions
If you are experiencing domestic abuse, two types of injunction are available under the Family Law Act 1996:
- Non-Molestation Order — prevents the abuser from contacting, harassing or intimidating you. Breach is a criminal offence carrying up to 5 years' imprisonment.
- Occupation Order — regulates who can live in or enter the family home. It can exclude an abusive partner even if they own or rent the property.
Both orders can be obtained urgently on a without-notice basis (meaning the other person is not told in advance) if there is a risk of serious harm. A solicitor can apply to the court the same day in urgent cases.
Cohabitation and Unmarried Couples
There is no such thing as a "common law marriage" in England and Wales. Cohabiting couples have very limited legal rights compared to married couples, regardless of how long they have lived together.
If you separate from a cohabiting partner, your rights to property depend on legal ownership, financial contributions, and any express or implied agreement about beneficial ownership. Claims can be made under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), but these are complex and expensive.
A cohabitation agreement, drawn up before or during the relationship, is the best way to protect both parties' interests. It can set out ownership of property, financial contributions, and what happens on separation.
Frequently Asked Questions
How long does a divorce take in England and Wales?
Under the no-fault divorce law introduced in April 2022, the minimum period is 26 weeks (6 months) from the date the application is issued. In practice, most divorces take between 6 and 12 months. The financial settlement and child arrangements are separate processes and can take longer.
Do I need to prove fault to get a divorce?
No. Since April 2022, England and Wales operate a no-fault divorce system. You simply state that the marriage has broken down irretrievably. You no longer need to cite adultery, unreasonable behaviour or separation periods. Either spouse can apply, or you can apply jointly.
How are assets divided on divorce?
There is no automatic 50/50 split. The court considers the needs of both parties and any children, the length of the marriage, contributions made, earning capacity, and standard of living. In practice, the family home and pension are often the largest assets. A solicitor can help you negotiate a fair settlement without going to court.
What happens to the children when parents separate?
Parents are encouraged to agree child arrangements between themselves, ideally with the help of a mediator or solicitor. If agreement is not possible, either parent can apply to the court for a Child Arrangements Order. The court's primary consideration is always the welfare of the child.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out where a child lives and how much time they spend with each parent. It can also cover other matters such as holidays, schooling and medical decisions. The court will only make an order if it is better for the child than making no order at all.
Can I get an injunction to protect myself from domestic abuse?
Yes. A Non-Molestation Order prevents an abusive partner from contacting or harassing you. An Occupation Order can exclude them from the family home. Both can be obtained urgently — sometimes on the same day — without the other person being present. Breaching either order is a criminal offence.
What rights do cohabiting couples have when they separate?
Cohabiting couples have very limited legal rights compared to married couples. There is no automatic right to a share of a partner's property or income. Rights depend on property ownership, financial contributions, and any cohabitation agreement. If you have children together, child maintenance rules apply regardless of marital status.
What is a prenuptial agreement and is it legally binding?
A prenuptial agreement sets out how assets will be divided if the marriage ends. While not automatically legally binding in England and Wales, courts give them significant weight if both parties had independent legal advice, made full financial disclosure, and signed the agreement at least 28 days before the wedding.
How much does a divorce cost?
The court fee for a divorce application is currently £593. Solicitor costs vary depending on complexity. An uncontested divorce with an agreed financial settlement can cost from around £1,500–£3,000 in solicitor fees. Contested proceedings can cost significantly more. PDA Law offers fixed-fee options for straightforward cases.
Do I have to go to court for a divorce?
Most divorces are dealt with on paper and do not require a court hearing. Financial settlements can often be agreed through negotiation or mediation and then approved by the court as a Consent Order. Court hearings are generally only necessary when parties cannot reach agreement.
Speak to a Family Law Solicitor
PDA Law's family law team handles divorce, financial settlements, child arrangements and domestic abuse injunctions across England and Wales. We offer fixed-fee options for straightforward cases and a free initial consultation.