Family law questions, answered

Arrangements for children after separating

When parents separate, the law's focus is on the child's welfare. Most parents agree arrangements between themselves, such as where the child will live and how much time they'll spend with each parent, without going to court.

If you can't agree, mediation is often the next step. If you still can't agree, either parent can apply to the family court for a child arrangements order. Before applying, you'll usually need to attend a Mediation Information and Assessment Meeting (MIAM), although there are exemptions, for example where there's been domestic abuse.

Parental responsibility

Parental responsibility means the legal rights and responsibilities a parent has for a child, such as making decisions about their education, health and religion.

A mother automatically has parental responsibility. A father has it if he was married to the mother when the child was born, or in some cases if he's named on the birth certificate. Others can gain parental responsibility in other ways, including through a court order.

Getting divorced

In England and Wales, you can now get a divorce without having to blame your spouse. One or both of you can apply, stating that the marriage has broken down irretrievably.

There are minimum waiting periods during the process, so a divorce usually takes several months from start to finish. The same process applies to ending a civil partnership.

Money and property when you separate

A divorce doesn't automatically deal with money and property. Unless you get a financial order, you and your former spouse may still be able to make financial claims against each other in the future, even after the divorce is finalised.

If you agree how to split things, you can ask the court to make your agreement legally binding in a consent order. If you can't agree, the court can decide. Pensions, savings, property and debts may all be relevant.

If you weren't married

There's no such thing as a "common law marriage" in England and Wales. If you lived together but weren't married or in a civil partnership, you don't have the same rights as married couples when you separate, however long you were together.

Your rights over property usually depend on whose name it's in and what each of you contributed. Separate rules apply to financial support for children.

Child maintenance

Both parents are responsible for the cost of raising their child, whether or not they live with them. Many parents agree child maintenance between themselves. If you can't agree, the Child Maintenance Service can calculate and collect payments.

Resolving disagreements without court

Going to court can be slow, expensive and stressful. Options such as mediation, negotiation, or other forms of dispute resolution can often help you reach an agreement more quickly, and they give you more control over the outcome.

Important: if you're in danger

If you or your children are in immediate danger, call 999.

If you're experiencing domestic abuse, the free, confidential 24-hour National Domestic Abuse Helpline is available on 0808 2000 247. Courts can make protective orders, such as non-molestation orders, in urgent situations.

Don't rely on LegalBuddha in an emergency or if a court deadline is close. Get urgent help from the police, a helpline, or a solicitor.

Frequently asked questions