Family Law UK 2025 — Divorce, Child Custody & Maintenance Complete Guide
Last reviewed: May 2025 — Information applies to England and Wales
Family law in England and Wales covers everything from divorce and financial settlements to child arrangements and maintenance. This guide explains your rights and options in plain English.
Divorce in England and Wales
Since April 2022, England and Wales has a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove fault or blame. Either spouse, or both jointly, can apply online at gov.uk. The minimum divorce period is 26 weeks (6 months) from the application.
Financial Settlements on Divorce
Dividing finances on divorce involves property, savings, pensions, investments, and income. Courts apply the principles in the Matrimonial Causes Act 1973, considering: financial needs of both parties, standard of living, length of marriage, contributions, and welfare of any children. A financial consent order makes the agreement legally binding and prevents future claims.
Child Arrangements
Courts decide where children live (formerly 'residence') and how much time they spend with each parent ('contact') using the paramount principle that the child's welfare is the court's primary consideration, under the Children Act 1989. Parents are always encouraged to agree arrangements without going to court — mediation is usually compulsory before applying to court.
Child Maintenance
Child maintenance is a regular payment made by the non-resident parent to support the child's living costs. Parents can agree privately or use the Child Maintenance Service (CMS). The CMS uses a percentage of the paying parent's gross income.
No-Fault Divorce — The Divorce, Dissolution and Separation Act 2020
Since 6 April 2022, couples in England and Wales can divorce without having to prove fault or wait for years of separation. The sole ground for divorce is that the marriage has broken down irretrievably, evidenced by a statement of irretrievable breakdown. There is no requirement to cite adultery, behaviour, or separation. Both parties can apply jointly ("joint application") or one party can apply alone ("sole application"). The respondent cannot contest a divorce unless they dispute the court's jurisdiction. The minimum timeframe from application to final order (previously "decree absolute") is 26 weeks (six months), which includes a mandatory 20-week reflection period before the conditional order stage.
Financial Orders on Divorce
Dividing assets on divorce is entirely separate from the divorce itself. Unless the parties reach agreement — recorded in a Consent Order approved by the court — either party can apply to the court for a Financial Remedy Order. The court has wide discretion under the Matrimonial Causes Act 1973, sections 23–25, to make orders for lump sum payments, property transfers, pension sharing, periodical payments (maintenance), and sale of assets. The court's starting point for the division of matrimonial assets is equality, but it will depart from equal division where the section 25 factors justify it — particularly the welfare of dependent children, the standard of living enjoyed during the marriage, and the contributions of each party.
Child Arrangements on Separation
When parents separate, arrangements for children — where the child lives and when they spend time with each parent — should ideally be agreed between the parents without court involvement. If agreement cannot be reached, parents can attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. Most applications for Child Arrangements Orders must be preceded by a MIAM unless an exemption applies (such as domestic abuse). The court's paramount consideration in all decisions about children is their welfare, assessed by reference to the welfare checklist in section 1 of the Children Act 1989.
Domestic Abuse — Legal Protections
The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse that includes physical, emotional, coercive, controlling, and economic abuse between intimate partners or family members. A range of civil and criminal legal remedies are available to victims:
- Non-Molestation Order — prohibits the abuser from contacting or approaching you. Breach is a criminal offence. Can be obtained urgently without notice to the abuser (ex parte) in serious cases.
- Occupation Order — regulates who can occupy the family home. Can exclude an abusive partner even if they own or rent the property.
- Domestic Violence Protection Order (DVPO) — issued by the police/magistrates to provide immediate protection for up to 28 days.
- Stalking Protection Order (SPO) — available from a magistrates' court where a person has carried out stalking behaviour.
Legal aid is available for victims of domestic abuse to fund applications for these orders, subject to evidential requirements under the Civil Legal Aid (Procedure) Regulations 2012.
Child Maintenance
Parents have a legal obligation to financially support their children after separation. Child maintenance is usually calculated and collected by the Child Maintenance Service (CMS) using a formula based on the paying parent's gross weekly income and the number of qualifying children, with reductions for overnight stays and other children living with the paying parent. Parents can make a private arrangement, or one parent can apply to the CMS for a statutory calculation. The CMS has enforcement powers including deductions from earnings, freezing assets, and — in extreme cases — committal to prison.