Family & Relationships questions
17 direct answers, each with the short version first and a link to the full guide. For the whole topic, see Family & Relationships.
At what age can a child choose which parent to live with?
There is no fixed age in English law. The court considers the child’s wishes and feelings, giving them more weight as the child gets older — a teenager’s strongly expressed views carry significant weight. But the court is never bound by the child’s choice: it must decide what is in the child’s best interests.
Do you need a solicitor to get divorced?
No — the online HMCTS portal is designed for people applying without a lawyer, and many straightforward divorces complete without representation. But a solicitor is strongly recommended for the financial settlement: without a court-approved order, a private agreement is not enforceable and your ex-spouse can make claims years later.
What happens to the family home in a divorce?
There is no automatic split. The court can order the home sold and proceeds divided, transferred to one spouse (often the parent caring for children) with the other compensated from different assets, or kept until a trigger event under a Mesher order. Needs — especially housing children — usually drive the outcome.
Do unmarried couples get legal rights after living together for years?
No. There is no “common law marriage” in England and Wales, and no length of cohabitation — ten years or thirty — creates automatic rights to your partner’s property or estate. Any claim, such as a constructive trust over the home, must be actively pursued through the courts. A cohabitation agreement offers real protection.
Can I get half my spouse’s pension when we divorce?
Possibly. The court aims for fairness, which often — but not always — means equality: 50% pension sharing is common after long marriages with a big pension imbalance, less after shorter ones. A pension sharing order transfers your share into your own pension, and it stays yours even if you remarry.
Does a father who is not on the birth certificate have parental responsibility?
No — an unmarried father not named on the birth certificate has no automatic parental responsibility. He can acquire it by signing a parental responsibility agreement with the mother, applying to court for a parental responsibility order, being named as a “lives with” parent in a Child Arrangements Order, or re-registering the birth.
How is child maintenance calculated?
The Child Maintenance Service applies a percentage of the paying parent’s gross weekly income taken from HMRC records: 12% for one child, 16% for two, and 19% for three or more. Overnight stays and other children in the household reduce the figure.
How do I get a non-molestation order?
Apply to the family court under the Family Law Act 1996. In a genuine emergency an order can be made the same day without telling the abuser. Legal aid is available for domestic abuse cases regardless of income, provided you can evidence the abuse.
Is a civil partnership the same as marriage?
Legally, almost identical. Civil partners have the same rights over property, pensions, inheritance and tax, and the same financial remedies on dissolution. The differences are procedural: registration is a signed document rather than spoken vows, and adultery is not a basis for dissolution.
Do I need a consent order after divorce?
Yes, if you want the settlement to stick. An informal financial agreement is not binding, and financial claims survive divorce indefinitely — a former spouse can claim years later against an inheritance or windfall. Only a sealed court order dismisses those claims.
Do I have to go to mediation before applying to the family court?
You must attend a Mediation Information and Assessment Meeting, not mediation itself. It costs around £140 a person, is free on legal aid, and produces the Form FM1 the court requires. Domestic abuse, urgency and consent applications are among the exemptions.
How much does a divorce cost?
The court fee is £628, and a straightforward divorce can be done online for that alone. The real cost is the financial settlement: a consent order typically adds £1,000 to £3,000 in solicitor fees plus a £62 court fee, and contested proceedings run far higher.
Are prenuptial agreements legally binding in England and Wales?
Not technically — the court keeps its discretion under section 25 of the Matrimonial Causes Act 1973. But since Radmacher v Granatino in 2010, a properly executed agreement is highly persuasive and is usually upheld unless it would be unfair to hold the parties to it.
What happens if the council applies to take my child into care?
You get a free solicitor immediately — legal aid for parents in care proceedings is automatic and not means-tested. The council must prove the threshold in section 31(2), the case must normally finish within 26 weeks, and around a fifth of applications end with the child at home.
How do I get a Forced Marriage Protection Order?
Apply to the Family Court on form FL401A. Orders can be made the same day without the respondent being told, and can seize passports, ban travel and exclude named people from your home. Legal aid is available without means-testing, and breach is a criminal offence.
How long do financial remedy proceedings take?
Six to nine months if the case settles at the Financial Dispute Resolution hearing, which most do, and twelve to eighteen months if it runs to a final hearing. The Form A fee is £321; contested solicitor costs commonly run from £15,000 to £60,000 per party.
How long does it take to get a child arrangements order?
Months rather than weeks. A first hearing usually comes six to twelve weeks after the C100 application, and a CAFCASS welfare report takes several months more. Urgent orders can be made the same day, and interim arrangements can be set while the case runs.