Divorce and Family Cases

Term previously used to describe arrangements for a parent who doesn't live with a child to spend time with them. While "access" hasn't been used in domestic cases since 1991, the term is still prevalent in the media. See "child arrangements".

Adoption is a process whereby the legal parentage of a child is permanently transferred, usually from the child's birth parent or parents to the adoptive parent(s). Following an adoption order being made, the child is treated in law as the child of the adoptive parents.

The Children and Family Court Advisory and Support Service (Cafcass) provides advice to the court about the welfare of children and can make recommendations as to what arrangements would be in the best interests of the child.

A person who has not attained the age of 18.

Arrangements determining (whether by agreement or court order) with whom a child is to live, spend time or otherwise have contact & when a child is to live, spend time or otherwise have contact with any other person. Child arrangements orders are made under the Children Act 1989. The court will not make an order in relation to a child who has attained the age of 16 unless there are exceptional circumstances. A "lives with" order is a type of child arrangements order providing that the child is to live with a particular person or persons. A "lives with" order was previously known as "residence" and before that "custody".

Where the court makes an order terminating ongoing financial links between a divorcing couple (often after assets have been transferred between them), it is known as a "clean break". The clean break operates between the couple themselves and does not ordinarily end any requirement to pay ongoing child maintenance.

Many people believe that, if they live with a partner for a certain period of time, they will acquire rights akin to those created by marriage. This is a myth and there is no such thing as "common law marriage" in England & Wales. A couple who has lived together, no matter how long for, does not gain any right to make a financial claim against the other upon the breakdown of their relationship, other than in property law, or by way of a financial claim on behalf of any children of the relationship. Cohabiting couples can, however, seek to protect their position by way of a cohabitation agreement.

English law does not recognise the concept of a "common law wife" or "common law husband". A cohabiting couple who have not married do not gain any rights to claim against each other on the breakdown of their relationship by virtue of their having lived together other than in property law, or by way of a financial claim on behalf of any children of the relationship.  Cohabiting couples can, however, seek to protect their position by way of a cohabitation agreement. 

A conditional order is the first stage of the divorce or dissolution. It can only be made once the applicant, or in a joint application, applicants confirm that they wish the application to continue. A party may not give confirmation before the end of the period of 20 weeks from the date of making the application.

A co-parenting agreement, also known as a parenting plan, sets out the arrangements for the upbringing of a child, as agreed by their parents, or those who care for them. The agreement can cover anything from practicalities as to the time a child will spend with each of their carers, to their schooling, vaccination and medical treatment and/or choice of religion. The agreement can be reviewed and adapted as the child grows up to reflect the child's changing needs. While a parenting plan is not legally binding, it can help parents address likely future issues regarding their child's upbringing in a conciliatory manner, reducing the likelihood of needing to go to court in future.

A consent order is an order made by agreement between the parties. The term is most commonly used in family proceedings where it relates to an order setting out the terms of an agreed financial settlement. Although the couple may resolve financial arrangements without needing to go to court, for that agreement to be binding on them, they need a court order.

Term previously used to describe the arrangement as to with whom a child lives.  "Custody" hasn't been used in domestic cases since 1991, but the term is still prevalent in the media. See "child arrangements".

Term for a divorce order in cases started before 6 April 2022. The Decree absolute ends the marriage. See also "Divorce order".

Term for a conditional order in cases started before 6 April 2022. The decree nisi was the first stage of the divorce. Under the regime in place before 6 April 2022, the applicant, or "petitioner" for divorce did not need to wait 20 weeks before applying for a decree nisi (unlike the requirement in cases started after 6 April 2022), but the petitioner still had to either wait a minimum of 2 years from separation or attribute blame to the other spouse in order to apply for a divorce.

The legal method of ending a civil partnership.

The legal method of ending a marriage.

Term frequently used to describe a family lawyer. Family lawyers tend to deal with wider issues than simply divorce, including financial matters and arrangements for children.

The divorce order terminates the marriage between the parties. The applicant for a divorce can apply for a divorce order 6 weeks after the conditional order is made. If the applicant does not apply, the respondent can apply after a further 3 months has passed.

Domestic abuse is an incident or pattern of incidents of coercive, controlling, threatening, violent or abusive behaviour perpetrated by a partner, ex-partner or family member, including but not limited to physical or sexual abuse, violent or threatening behaviour, economic abuse, psychological and emotional abuse.

For more information, please see our Abuse and coercive control page.

Economic abuse is recognised by the Domestic Abuse Act 2021 as a category of domestic abuse. It can take a number of forms, but usually involves the perpetrator seeking to control the survivor of the abuse through restricting their access to funds, work and/or resources. Not every disagreement about finances amounts to abuse, and economic abuse can be difficult to identify, as it is often made up of small actions which of themselves may seem innocuous. Financial abuse is often only one part of a larger picture of coercive and controlling behaviour.

For more information, please see our Abuse and coercive control page.

When parties who are married or in a civil partnership end the marriage or civil partnership, the court can make financial orders in respect of assets, income and pensions. There are a number of factors the court will take into account when deciding what order would be the most appropriate, including the extent to which assets were accumulated during the marriage & any cohabitation (known as "matrimonial assets") and the needs of each of the parties.

First consideration will be given to the welfare of any minor children. Until an order is made by the court dealing with the couple's assets, it is open to either to bring a claim against the other, sometimes even years after the divorce itself. Where an order covers all financial matters between the parties, it is sometimes referred to as a "final order".

The process of determining how financial arrangements should be structured on divorce or dissolution of a marriage or civil partnership. The court can make orders in respect of capital, investments, pensions, income and any other property held by either party to the marriage. The court can also make certain financial orders in respect of a child.

Where a child arrangements order is in place with respect to a child, no-one can remove the child from the United Kingdom without either the written consent of every person who has parental responsibility, or "leave" (permission) of the court. If there is a child arrangement order setting out that the child is to live with a particular person, that person may remove the child from the UK for a period of up to one month. Where agreement is needed to take a child abroad (either for a holiday, or permanently) and agreement cannot be reached, an application can be made to the court for "leave".

A "lives with" order is a type of child arrangements order providing that the child is to live with a particular person or persons. A "lives with" order was previously known as "residence" and before that "custody".

A MIAM is a meeting with a qualified mediator to explore whether a dispute can be resolved without going to court. Unless exemptions apply, it is ordinarily a pre-requisite to beginning proceedings in the Family Court for the applicant to attend a MIAM.

For more information please see our Non-Court Dispute Resolution page.

NCDR (sometimes referred to as "alternative dispute resolution" or ADR) covers a range of methods of resolving disputes without going to court. The use of NCDR is strongly encouraged by the courts and can lead to more flexible, quicker and less costly outcomes than court proceedings.

For more information please see our Non-Court Dispute Resolution page.

The Divorce, Dissolution and Separation Act came into force on 6 April 2022, and replaced the previous requirements for obtaining a divorce, dissolution or judicial separation. Whereas the older regime required a party seeking a divorce to demonstrate that a marriage had irretrievably broken down through one of five "facts" (leading to parties needing to attribute blame or else wait a minimum of two years from separation), the new provisions simply require that the applicant submit a statement that the marriage has irretrievably broken down, without needing to show fault. A couple can also now apply jointly for a divorce.

For the purposes of the law, the status of parentage can be acquired in three separate ways: (a) by being assigned automatically (i.e. the child's biological parents where no form of assisted reproduction has been used, or under the provisions of under the Human Fertilisation & Embryology Act (1990 or 2008) where a recognised method of assisted reproduction has been used); (b) Through the making of a parental order under the Human Fertilisation & Embryology Act (1990 or 2008); (c) Through adoption. Parentage creates a duty to provide support to the child (including financially).

Refers to an adult's responsibility to secure the welfare of their child. Per s.3 of the Children Act 1989, it includes: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".

When determining financial arrangements on divorce or dissolution, the court can make a wide variety of orders, including orders in respect of either party's pension. A pension sharing order is the most common type of pension order and transfers a share of the holder's pension benefits to the other party.

Post-nuptial agreements are agreements between a couple signed after their marriage or civil partnership, setting out the financial arrangements that the couple agree will apply to them in the event that they should divorce, or the civil partnership be dissolved. Post-nuptial agreements are not formally binding in England and Wales. However, provided they have been properly entered into, they are given significant weight by the Family Court in the event that the marriage or civil partnership should break down, and the couple is frequently held to the terms of the agreement.

Pre-nuptial agreements are agreements between a couple signed before the marriage or civil partnership, setting out the financial arrangements that the couple agree will apply to them in the event that they should divorce, or the civil partnership be dissolved. Pre-nuptial agreements are not formally binding in England and Wales. However, provided they have been properly entered into, they are given significant weight by the Family Court in the event that the marriage or civil partnership should break down, and the couple is frequently held to the terms of the agreement.

A prohibited steps order (PSO) is an order that no step which could be taken by a parent in meeting their parental responsibility for a child & which is of a kind specified in the order, shall be taken by any person without the consent of the court.

Schedule 1 of the Children Act 1989 permits the court to make financial orders against a parent (or, in certain circumstances, a step-parent) for the benefit of a child. Where parents are involved in divorce proceedings, any financial order for a child would usually be dealt with within those proceedings pursuant to court's powers under the Matrimonial Causes Act 1973. Schedule 1 is more frequently used where separated parents were not married.

A specific issue order (SIO) is an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

A special guardianship order enables the appointed special guardian to exercise parental responsibility to the exclusion of the other holders of parental responsibility.

An arrangement whereby a woman carries and gives birth to a baby for the benefit of another. In the UK, the surrogate remains the mother of the child until the court makes a parental or adoption order and, if the surrogate is married or in a civil partnership, her spouse or civil partner will be the child’s other parent at birth, unless they did not give their permission.

For more information, see our Surrogacy and Modern Families page.