Family Law UK 2025 — Divorce, Child Custody & Maintenance Complete Guide
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.