Understand your rights in family matters

Under the no-fault divorce procedure introduced in April 2022, there is a mandatory 20-week reflection period between the court issuing the conditional order (formerly decree nisi) and you being able to apply for the final divorce order. In practice, the full process from application to final order typically takes between six and twelve months, depending on court workloads. Financial arrangements and agreements about children are dealt with separately and can take longer.

Under the current no-fault divorce system, you simply state that the marriage has broken down irretrievably — no reasons or fault are given. When it comes to the financial settlement, fault (such as adultery or unreasonable behaviour) is very rarely relevant to how assets are divided. Courts focus on the needs of both parties, the length of the marriage, contributions made, and the welfare of any children rather than conduct.

Non-molestation orders are granted by the family court. However, in an emergency your solicitor or the court can obtain an order on the same day without the other person being present (called an ex parte or without notice application). Legal aid is still available for domestic abuse cases regardless of your income — contact a family law solicitor or the National Domestic Abuse Helpline (0808 2000 247) for immediate help.

Contrary to popular belief, there is no such thing as "common law marriage" in England and Wales. Unmarried partners have no automatic right to each other's property, pension, or inheritance. If you jointly own property you will have rights under co-ownership law, but if the property is in your partner's sole name you may need to establish a constructive trust. You should seek legal advice as early as possible. A cohabitation agreement made while living together can help clarify the position.

The Child Maintenance Service calculates maintenance based on the paying parent's gross weekly income (from their most recent HMRC tax year). The rates are: 12% of gross income for one child, 16% for two children, and 19% for three or more children. These percentages are reduced if the paying parent has other children in their household, and adjusted if the child spends a significant number of nights with the paying parent. You can use the government's child maintenance calculator on GOV.UK.