Family Law & Child Support Services

Family Law & Child Support Services

1. Divorce — The Process in England & Wales

Since 6 April 2022, the Divorce, Dissolution and Separation Act 2020 introduced ‘no-fault’ divorce, fundamentally changing the process:

• Key change: You no longer need to allege adultery, unreasonable behaviour, or desertion. You simply state that the marriage has irretrievably broken down. Your spouse cannot contest the divorce (except on very limited jurisdictional or validity grounds). This has significantly reduced conflict and the emotional toll of divorce proceedings.
• Application: Either one party (sole application) or both parties jointly can apply. Joint applications are encouraged where possible — they set a collaborative tone. Application is online through the HMCTS portal at gov.uk/apply-for-divorce. Court fee: £593 (fee remission available on low incomes).
• Timeline: Minimum 20 weeks from application to the Conditional Order (formerly Decree Nisi) — designed as a “period of reflection.” Then 6 weeks from Conditional Order to Final Order (formerly Decree Absolute), which legally ends the marriage. Total minimum: 26 weeks (roughly 6 months). Do not apply for the Final Order until financial arrangements are resolved — once the Final Order is granted, certain financial claims (pensions, inheritance) may be affected.
• Civil partnership dissolution: Parallel process for civil partnerships, with the same no-fault basis and timeline.
• Judicial separation: An alternative if you do not wish to divorce (religious reasons, not yet married 1 year, or prefer not to legally end the marriage). You remain married but the court can make financial orders. Less common but available.

2. Financial Settlements — Getting It Right

Divorce does not automatically resolve financial claims. A financial order is essential, even if you have an informal agreement. Without one, financial claims remain open indefinitely — even after remarriage in some cases:

• What can be divided: The matrimonial pot includes all assets owned by either party, regardless of whose name they are in — the family home, other properties, pensions (including future pension rights), savings and investments, businesses, cars, and debts. Inheritances and pre-marital assets may be ‘ring-fenced’ or taken into account depending on need and the length of the marriage.
• How the court decides: The court considers the statutory factors in section 25 of the Matrimonial Causes Act 1973. The first consideration is the welfare of any children. Other factors: income and earning capacity (now and in the foreseeable future), financial needs and obligations, the standard of living during the marriage, age and duration of the marriage, disability, contributions (financial and non-financial, including childcare), conduct (only in very exceptional cases), and loss of benefits (e.g., pension sharing).
• Consent orders: If you reach agreement, you can ask the court to make it legally binding through a consent order. The court must approve the order — it checks for fairness, not just legality. Both parties must provide full financial disclosure using Form E (a comprehensive 28-page financial statement). A consent order without a financial order can be set aside if there was material non-disclosure — this is why honest, full disclosure is critical.
• Clean break: A clean break order severs all future financial claims between you. This is the ideal outcome where possible — it provides certainty and closure. A clean break may not be appropriate where there is significant income disparity, disability, or one party cannot support themselves independently.
• Pensions: Pensions are often the largest asset after the family home, yet they are frequently overlooked in divorce settlements. Options: pension sharing (a percentage of one party’s pension is transferred to the other), pension offsetting (one party keeps the pension, the other gets a larger share of other assets), or pension attachment/earmarking (the receiving party gets payments when the pension holder retires — less common). A Pension on Divorce Expert (PODE) report provides an actuarial valuation — essential for informed negotiation. Costs: £750-£2,500.
• Costs: If you can agree, a consent order through a solicitor typically costs £1,500–£4,000 total. Contested financial proceedings (going to a final hearing) typically cost £15,000–£50,000+ per party. Mediation costs £500–£1,500 total — try this first. The court expects you to have considered mediation before issuing proceedings.

3. Child Arrangements — Where They Live & Contact

After separation, you need to decide where children live and how much time they spend with each parent. The law uses the term “child arrangements” rather than “custody” and “access” (the old terminology):

• Parental responsibility: Mothers automatically have parental responsibility. Fathers have it if married to the mother at the child’s birth, named on the birth certificate (for births registered after 1 December 2003), or through a parental responsibility agreement or court order. Parental responsibility means the right to be involved in major decisions: education, medical treatment, religion, and where the child lives.
• Informal agreement: This is the best outcome where possible. There is no legal requirement to have a court order — you can agree arrangements informally. A parenting plan (a written, non-binding document setting out the arrangements) can help clarify expectations. CAFCASS (cafcass.gov.uk) provides a template parenting plan.
• Mediation: Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies (domestic abuse, urgency, etc.). Mediation is cheaper, faster, and less adversarial than court. The Family Mediation Council (familymediationcouncil.org.uk) accredits mediators. Legal aid is still available for family mediation (the mediator costs).
• Child Arrangements Order: If you cannot agree, the court decides based on the paramountcy principle: the child’s welfare is the court’s paramount consideration. The court applies the “welfare checklist” (Children Act 1989): the child’s wishes and feelings (in light of their age and understanding), physical/emotional/educational needs, likely effect of change, age/sex/background, harm suffered or at risk, and the capability of each parent. The court presumes involvement of both parents in the child’s life is in the child’s best interests, unless evidence shows otherwise.
• Enforcement: If one parent breaches a Child Arrangements Order, the other can apply for enforcement. The court can vary the order, impose a fine, order unpaid community work (up to 200 hours), or — as a last resort — commit the breaching parent to prison. In practice, enforcement is difficult and slow. It rarely achieves the outcome of a cooperative co-parenting relationship — this is why mediation and agreement are strongly preferred where safe.

4. Child Maintenance — Financial Support for Children

Child maintenance is the financial contribution from the non-resident parent (the parent the child does not live with most of the time) towards the child’s living costs:

• Informal (family-based) arrangement: The simplest and most flexible option. You agree the amount, frequency, and method of payment directly. No government involvement, no fees. A written agreement is advisable but not legally enforceable as a maintenance agreement (though it can be evidence if you later go to the CMS).
• Child Maintenance Service (CMS): The statutory scheme. Two service levels: Direct Pay (CMS calculates the amount — £20 application fee — but you arrange payment between yourselves, free thereafter) and Collect & Pay (CMS calculates, collects, and pays out — £20 application fee, then 4% deducted from the paying parent’s payment, 20% deducted from the receiving parent’s payment, so the paying parent pays 104% and the receiving parent gets 80% of the calculated amount). High fees — Direct Pay is strongly preferred if you can cooperate on payments.
• How it is calculated: Based on the paying parent’s gross weekly income. For one child: 12% of gross weekly income. Two children: 16%. Three or more: 19%. These percentages apply to the first £800/week of gross income (above that, the CMS applies different rates but does not have automatic collection power — you may need a court “top-up” order for very high earners). The amount is reduced by the number of nights the child stays with the paying parent (1/7th reduction for every 52-103 nights/year, 2/7th for 104-155, 3/7th for 156-174, 50% for 175+, and nil if equal shared care of 176+ nights). Other qualifying children in the paying parent’s household also reduce the percentage.
• Enforcement: The CMS has significant powers: deduction from earnings orders (direct from employer), deduction from bank accounts, referral to debt collection agencies, application for a liability order (County Court, which can lead to bailiff action), disqualification from driving (as a last resort, for persistent non-payment), and in extreme cases, committal to prison. The CMS also has the power to access HMRC tax records and credit reference data.
• Child Maintenance Options: The free, impartial service at gov.uk/child-maintenance or 0800 0835 130 helps you understand your options before committing to a course of action.

5. Domestic Abuse — Legal Protection

Domestic abuse affects 1 in 4 women and 1 in 6-7 men in their lifetime. The law provides several protective orders, and help is available even if you are not ready to involve the police:

• Non-Molestation Order: Prevents an abuser from using or threatening violence, intimidating, harassing, or pestering you or your children. A breach is a criminal offence carrying up to 5 years’ imprisonment (since the Domestic Abuse Act 2021 — previously it was only a civil contempt). You can apply without giving notice to the respondent (ex parte) if there is a risk of harm. You can apply yourself (as a “litigant in person”) but representation is strongly advised — legal aid is available for domestic abuse victims (subject to means and evidence tests).
• Occupation Order: Regulates who can live in the family home. Can exclude the abuser from the home or a defined area around it, even if they are the owner or joint tenant. The court balances the harm test: is the applicant or child likely to suffer significant harm if the order is not made, and does that outweigh the harm the respondent would suffer? These are serious orders — the court considers them carefully.
• Domestic Violence Protection Notice (DVPN) and Order (DVPO): The police can issue a DVPN immediately after an incident (valid 48 hours). They then apply to the magistrates’ court for a DVPO, which can protect you for 14-28 days. This gives you breathing space to apply for longer-term orders. No application needed from you — the police do the work.
• Clare’s Law (Domestic Violence Disclosure Scheme): You can ask the police to check whether a current or former partner has a history of domestic abuse. You can also apply on behalf of someone you are concerned about. The police will disclose relevant information if it is necessary to protect from harm. Apply through any police force — call 101 and ask for a “Clare’s Law disclosure.”
• Key helplines: National Domestic Abuse Helpline (Refuge): 0808 2000 247 — 24/7, free, confidential. Men’s Advice Line: 0808 8010 327. National LGBT+ Domestic Abuse Helpline: 0800 999 5428. Karma Nirvana (honour-based abuse and forced marriage): 0800 5999 247. Respect Phoneline (perpetrators wanting to change): 0808 8024 040. In an emergency, always call 999. If you cannot speak, dial 999 from a mobile and press 55 when prompted — the operator will know you need help but cannot talk (the Silent Solution).

6. Adoption, Surrogacy & Parental Orders

• Adoption: The legal process that permanently transfers parental responsibility from birth parents to adoptive parents. In England and Wales, adoption is administered by local authority adoption agencies and voluntary adoption agencies (e.g., Barnardo’s, Coram). The process: initial enquiry → preparation and training → assessment (typically 6 months) → panel recommendation → matching with a child → placement → application for an Adoption Order (at least 10 weeks after placement). Adoption leave: up to 52 weeks, with statutory adoption pay at the same rate as statutory maternity pay.
• Special guardianship: An alternative to adoption, giving the special guardian parental responsibility that can be exercised to the exclusion of the birth parents (though their parental responsibility is not extinguished, as it is with adoption). Often used for family members (grandparents, aunts/uncles) caring for children long-term. Less absolute than adoption but more secure than a Child Arrangements Order.
• Surrogacy: Surrogacy arrangements are legal in the UK but are not enforceable — the surrogate is the legal mother at birth, regardless of genetics. To become the legal parent(s), the intended parent(s) must apply for a Parental Order within 6 months of the birth. Requirements: at least one intended parent must be genetically related to the child, the application must be made by two people (couple) or a single person (since 2019), the surrogate must consent (at least 6 weeks after birth), and no more than reasonable expenses must have been paid to the surrogate (commercial surrogacy is illegal in the UK — though this creates challenges for intended parents going abroad, which is increasingly common). The Law Commission has proposed significant reforms to modernise UK surrogacy law — these are under government consideration.

7. Legal Aid, Costs & Self-Representation

• Legal aid for family law: Available for: domestic abuse injunction cases (with evidence — a letter from a refuge, a DVPN/DVPO, a police report, medical evidence, or a supporting letter from a professional), care proceedings (children at risk), and private family law cases where there is evidence of domestic abuse or child abuse (means and merit tests apply). Legal aid is also available for family mediation (the mediator’s costs — the Legal Aid Agency will fund the first MIAM and the mediation sessions). Check eligibility at gov.uk/check-legal-aid or call the Civil Legal Advice helpline: 0345 345 4345.
• Litigants in person: A significant proportion of family court cases now involve at least one unrepresented party — partly due to legal aid cuts. If you are representing yourself, Advicenow (advicenow.org.uk) provides excellent free guides. The Personal Support Unit (rcjadvice.org.uk) provides free emotional and practical support at court (not legal advice). Many courts now have duty schemes and McKenzie Friends (lay supporters who can sit with you in court and take notes, but cannot address the court without permission).
• Fixed-fee and unbundled services: An increasing number of solicitors offer “unbundled” services — you handle the case but pay for specific tasks (drafting a consent order, preparing a Form E, advising on a settlement offer). This can reduce costs significantly while ensuring critical documents are professionally prepared.

8. Scotland, Northern Ireland & Cross-Border Families

• Scotland: Family law is devolved. Key differences: divorce grounds include one year’s separation with consent, or two years without consent (in addition to adultery and unreasonable behaviour). Financial provision on divorce is based on the principle of “fair sharing” — there is a different statutory framework (Family Law (Scotland) Act 1985). Child arrangements are governed by the Children (Scotland) Act 1995. The Scottish Child Maintenance Service has the same rates as CMS. Scottish Women’s Aid: 0800 027 1234. Scottish Legal Aid Board: slab.org.uk.
• Northern Ireland: Distinct legal system governed by the Children (Northern Ireland) Order 1995 and the Family Homes and Domestic Violence (NI) Order 1998. Divorce governed by the Matrimonial Causes (NI) Order 1978 — fault-based grounds still apply, though no-fault reform is under consideration. Women’s Aid NI: 0808 802 1414. Northern Ireland Legal Services Commission: nilsc.org.uk.
• Cross-border and international: If you or your former partner live in different countries, jurisdiction (which country’s courts can deal with the case) is the first and often the most important question. The UK is no longer part of the EU Maintenance Regulation or Brussels IIa — different rules now apply. You need specialist advice. Reunite (reunite.org.uk) specialises in international child abduction and cross-border child arrangements. International Child Abduction and Contact Unit (ICACU): 020 3681 2608.

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GOTOSHARP Information Hub resource article. Last updated: June 2026.