UK Family Law covers the laws, regulations, rights and responsibilities relating to family relationships and family-related matters. Family lawyers specifically specialise in assisting clients with a wide range of family-relates matters, including:
- Marriage, civil partnerships and cohabitation
- Divorce and dissolution
- Child arrangements and parental responsibility
- Domestic abuse and protection orders
- Adoption and guardianship
- Cohabitation and Unmarried Couples, and
- Surrogacy and Fertility
Marriage and Civil Partnerships
The law in the UK recognises both marriages and civil partnerships, including those between same-sex and opposite-sex couples, which confer important rights and responsibilities to both parties (e.g. the right of both parties to live in the marital home). Civil partnership offers a non-religious alternative to marriage. The Civil Partnership Act 2004 initially allowed same-sex couples to form civil partnerships, and this was extended to opposite-sex couples in 2019.
Divorce and Dissolution
The Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, introduced the concept of ‘no-fault’ divorce in England and Wales, allowing couples to divorce without the need to blame one another. The change to no-fault divorce removed the need to cite one of the five grounds for divorce (i.e. adultery and unreasonable behaviour, etc). This important change to the marriage laws in England and Wales has considerably reduced the potential for conflict during the separation process.
The option to divorce is available to couples who have been married or in a civil partnership for at least 12 months and where the relationship has irretrievably broken down. The divorce process takes at least seven months to finalise a divorce, including a mandatory 20-week ‘cooling-off’ period. This may be longer, however, if the family courts is facing a backlog of cases.
Financial Settlements
UK family law deals with the division of marital assets and financial support following the breakdown of a relationship in accordance with the Matrimonial Causes Act 1973. This includes spousal maintenance and the division of property. The legal system encourages parties to come to a financial settlement between themselves where possible. Family court judges typically consider financial settlement cases when all other avenues have been exhausted, including mediation or other forms of non-court dispute resolution. The courts consider a wide range of factors when reaching a financial settlement decision, including the length of the marriage and the needs and financial resources of both parties.
Child Arrangements and Parental Responsibility
Family court decisions on child custody and visitation (referred to as ‘child arrangements’ in the UK) following the divorce of parents are always made with the child’s best interests as the paramount concern. The Children Act 1989 provides the framework for child arrangements in England and Wales, including Child Arrangement Orders, which set out in detail where a child will live and with whom, in addition to arrangements for contact and other key decisions.
Domestic Abuse and Protection Orders
UK family law provides important legal protections for anyone who is facing domestic abuse. Domestic abuse includes any incident or pattern of incidents where a partner controls, coerces, threatens, degrades or acts violently towards the other. The Family Law Act 1996, for example, gives courts in England and Wales the power to issue Non-Molestation Orders and Occupation Orders where there is a need to protect victims of domestic abuse/violence by regulating who can live in the family home.
Adoption and Guardianship
UK family law governs adoption and guardianship arrangements when someone other than a child’s natural parent assumes responsibility for them. The Adoption and Children Act 2002 covers key legal concepts such as the role of the Adoption Service, how children should be placed for adoption, including adoption orders, and international adoption procedures.
Cohabitation and Unmarried Couples
The concept of ‘common-law marriage’ does not apply under the law in the UK. This means that unmarried couples do not have the same legal rights and protections as married couples when it comes to property and child matters. Under UK family law, however, unmarried cohabiting couples can enter into a Cohabitation Agreement setting out arrangements for their children, property and financial assets. This gives both parties some legal protection in the event of death, illness or separation.
Surrogacy and Fertility
UK family law covers the law regarding surrogacy and assisted reproduction. Surrogacy, whereby a woman (the surrogate) carries a baby for another individual or couple (the intended parents), is legally permitted in the UK. The law relating to surrogacy provides clarity regarding the legal parentage and rights of all parties involved.
