Family Law Advice: A Complete Guide to Your Options in the UK

Written by: [AUTHOR NAME], Family Law Solicitor, Setfords | Published: 5 August 2026 | Last reviewed: 5 August 2026 | Read time: 10 min

Family law covers everything from divorce and children’s arrangements to protecting yourself from abuse and sorting out finances with a partner you were never married to. This guide brings together clear family law advice on the main areas you’re likely to run into, and where to go for more detail, under the law as it applies in England and Wales.

Key takeaways

• Family law covers divorce, finances, children’s arrangements, cohabitation disputes, and protection from abuse, each with its own process.
• There’s no such thing as “common law marriage” in England and Wales. Living together, however long, doesn’t give you the same rights as marriage.
• Divorce itself is separate from sorting out money and children. Ending the marriage doesn’t automatically settle either.
• Most family disputes are expected to try mediation before going anywhere near a courtroom.
• A prenup isn’t automatically binding, but courts will usually hold you to a fair one made with proper advice.

What does family law cover?

Family law is the area of law dealing with relationships, separation, and the people affected by them, most often children, partners, and former partners. It covers divorce, dividing money and property, arrangements for children, protection from abuse, and the rights of couples who live together without marrying.

If you’re looking for family law advice, the most useful thing to understand early on is that these are separate legal processes, even when they’re happening in your life at the same time. Getting divorced doesn’t sort out your finances. Sorting out your finances doesn’t settle where your children live. Each has its own route, and untangling which one you actually need is often the first job a solicitor does for you.

Divorce and separation

Since April 2022, England and Wales has had no-fault divorce, so neither of you has to prove the other did something wrong. You simply state that the marriage has broken down, and the court takes that at face value.

The process has a minimum built-in timeline. There’s a 20-week wait between applying and getting a conditional order, then a further six weeks and one day before you can apply for the final order that legally ends the marriage. In practice, many divorces take longer than the legal minimum, particularly where finances or children still need sorting out.

Either of you can apply, alone or together, and your spouse can’t block the divorce itself once the application is made.

Sorting out finances

Divorce ends the marriage. It doesn’t, on its own, divide anything. For that, you need a financial settlement, either agreed between you and made legally binding through a consent order, or decided by the court if you can’t agree.

The court’s job is to reach a fair outcome, not an equal one. It looks at a list of factors, including each person’s income and earning capacity, the needs of any children, the length of the marriage, and each person’s contributions, financial and otherwise. Two marriages with similar assets can end up with very different settlements depending on these factors.

It’s worth getting this formalised even where you agree amicably. Without a consent order, either of you can, in principle, bring a financial claim years later.

Children and arrangements

Where children are involved, the law is built around one idea above all others: what’s best for the child, not what’s fair between the parents. If you and the other parent can agree arrangements yourselves, that’s usually the quickest and least stressful route.

Where you can’t agree, a Child Arrangements Order sets out where a child lives and who they spend time with, and it’s legally enforceable once made. Before applying to court, you’ll usually need to attend a Mediation Information and Assessment Meeting first, unless an exemption applies.

Parental responsibility is a separate legal concept from where a child lives. Losing an argument about arrangements doesn’t strip you of your legal rights and duties towards your child.

Cohabitation and unmarried couples

There’s no such thing as “common law marriage” in England and Wales, however long you’ve lived together, however many children you have, and however financially intertwined your lives are. This misunderstanding is common. Research suggests around 46% of adults in England and Wales wrongly believe cohabiting couples have the same rights as married couples.

If you separate, there’s no automatic right to your partner’s property, savings, or pension, and no spousal maintenance. Property disputes between unmarried couples are usually dealt with under trust law (specifically the Trusts of Land and Appointment of Trustees Act 1996), which looks at legal ownership and financial contributions rather than fairness in the way divorce does.

Having children together creates responsibilities towards those children, but it doesn’t create financial rights between the adults. If you’re not married and want protection, a cohabitation agreement, written while things are amicable, is worth far more than assuming the law will look after you.

Prenups and postnups

A prenuptial agreement (signed before marriage) or postnuptial agreement (signed after) sets out how you’d like to divide money and property if the marriage ends. Neither is automatically binding as a matter of contract, but the law has moved a long way towards respecting them.

Following the Supreme Court’s decision in Radmacher v Granatino, courts will usually give a nuptial agreement decisive weight, provided it was entered into freely, with a full understanding of what it meant, and it wouldn’t be unfair to hold you to it. Independent legal advice for both people, full financial disclosure, and giving it time to breathe before the wedding all help it stand up later.

They’re not just for the wealthy. Anyone bringing significant assets, a business, or an inheritance into a marriage can benefit from the clarity one provides.

Domestic abuse and protection orders

If you’re at risk from a partner or family member, the family court can offer immediate legal protection. A non-molestation order stops someone from using or threatening violence, harassing, or intimidating you, and an occupation order can regulate who lives in or can enter the family home. Neither carries a court fee.

These are civil orders, separate from any criminal proceedings, and breaching one is a criminal offence in its own right. You don’t need to be married to the person, and you don’t need to already have separated, to apply.

If this is your situation, please don’t wait to speak to someone. Free, confidential support is available around the clock, and a solicitor can talk you through emergency protection alongside anything else going on in your case.

Resolving disputes without court

Court is very rarely anyone’s first step, and for most disputes about children, it isn’t allowed to be. Before applying for a Child Arrangements Order, you’ll usually need to attend a MIAM, where an accredited mediator explains your options.

Mediation isn’t right for every situation, particularly where there’s a history of abuse, and it’s not compulsory in those cases. Where it does work, it tends to be faster, less expensive, and less damaging to the relationship between parents who still need to co-parent afterwards.

Common mistakes to avoid

1. Assuming living together protects you like marriage does.
It doesn’t, and a cohabitation agreement is the closest substitute.

2. Treating divorce and finances as the same process.
Getting divorced doesn’t settle money or property. You need a separate financial order for that.

3. Leaving a financial settlement informal.
Without a consent order, old claims can resurface years later, even after an amicable split.

4. Skipping mediation before applying to court over children.
Applications are often delayed or rejected without evidence you’ve tried, or a valid exemption.

5. Signing a prenup without independent advice.
An agreement signed under pressure, or without your own legal advice, is far more likely to be overturned later.

When to speak to a solicitor

Family situations rarely improve by waiting, and a short conversation early on often opens up options you didn’t know you had. It’s worth speaking to a solicitor if:

• You’re separating and unsure where to start with children, finances, or both.
• You’re not married but want to protect yourself before or after moving in together.
• You’re thinking about a prenup or postnup, on either side of the conversation.
• You feel unsafe, or are worried about a partner or family member’s behaviour.
• You already have an arrangement or order in place that isn’t being followed.

Understand your options and your timeline. Talk to a Setfords solicitor when you’re ready, whatever stage you’re at.

FAQs

Is common law marriage a real thing in England and Wales?

No. However long you’ve lived together, living together alone doesn’t give you the same legal rights as marriage or a civil partnership.

Does getting divorced automatically sort out our finances?

No. Divorce ends the marriage. Dividing money and property is a separate process, usually formalised through a consent order.

Do I need to go to mediation before I can go to court?

For most disputes about children, yes, unless there’s evidence of domestic abuse or another recognised exemption applies.

Is a prenup actually worth having?

Yes, provided it’s done properly. Courts usually give weight to a fair prenup made with independent advice and full financial disclosure on both sides.

Can I get help if I’m not married to the person I’m scared of?

Yes. Protective orders like non-molestation and occupation orders don’t require you to be married, or even still living together.

About the author

[AUTHOR NAME], Family Law Solicitor, Setfords

[AUTHOR BIO: one or two sentences on their experience and approach to family law matters.]

Last reviewed: 5 August 2026.

This article is general information about family law in England and Wales and is not legal advice. The law and guidance in this area can change, and every family’s situation is different, so please speak to a qualified family law solicitor about your circumstances.

If you or someone you know is affected by domestic abuse, free confidential support is available 24 hours a day from the National Domestic Abuse Helpline on 0808 2000 247.