UK Family Law Guide

Family law in England and Wales covers a wide range of personal and financial matters when relationships change or children are involved. This guide explains the main processes and the documents typically used, from divorce and child arrangements to financial orders and protective injunctions. It also includes surrogacy, adoption, special guardianship, and cohabitation agreements. Each section links to a deeper check you can use to review your paperwork or prepare for court. The guide reflects the current legal framework, including no-fault divorce introduced by the Divorce, Dissolution and Separation Act 2020.

Adoption Order Check (UK)

An adoption order formally transfers parental responsibility from the child’s birth parents to the adopters. The court considers the child’s welfare throughout using the checklist in the Adoption and Children Act 2002. The application bundle must include the child’s birth records, consent (where required), adoption agency reports, and any relevant Cafcass or local authority assessments. The process is governed by the Family Procedure Rules and the relevant jurisdiction’s practice directions.

See also: Adoption Order Check (UK).

VetroCheck: family adoption order check — structured document check (informational, not formal legal advice).

Divorce Petition

Since April 2022, divorce in England and Wales is no-fault under the Divorce, Dissolution and Separation Act 2020. Either spouse can apply, alone or jointly, by filing a divorce application and a statement of irretrievable breakdown. There is a minimum 20-week reflection period before the conditional order, followed by a further six-week wait for the final order. The process is managed under the Family Procedure Rules 2010. For a sole application, the applicant serves the papers on the respondent; for a joint application, both parties sign the same application.

See also: Application of divorce (UK), Divorce Petition Check (UK), Sole application for divorce (UK).

VetroCheck: family divorce petition check — structured document check (informational, not formal legal advice).

Child Arrangements Check (UK)

Child arrangements orders decide where a child lives, who they spend time with, and other contact arrangements under the Children Act 1989. The court’s paramount consideration is the child’s welfare, guided by the welfare checklist in section 1(3). Applications are made using the relevant court forms and are supported by statements, Cafcass reports, and any safeguarding evidence. The court can make a child arrangements order, prohibited steps order, or specific issue order depending on the dispute.

See also: Child Arrangements Check (UK).

VetroCheck: family child arrangements check — structured document check (informational, not formal legal advice).

Cohabitation Agreement Check (UK)

Unmarried couples can set out their intentions for property, finances, and living arrangements in a cohabitation agreement. While not automatically binding, courts may consider the agreement if it is freely entered, based on full financial disclosure, and each party received independent legal advice. The agreement’s weight depends on fairness and the circumstances at the time it is enforced. Property and trust law, as well as contract principles, inform how such agreements are assessed.

See also: Cohabitation Agreement Check (UK).

VetroCheck: family cohabitation agreement check — structured document check (informational, not formal legal advice).

Consent Order Financial Check (UK)

A consent order records a financial settlement between divorcing or separating couples and is submitted to the court for approval. The order must be accompanied by a financial statement (usually Form D81) summarising the parties’ financial positions. The court scrutinises the agreement for fairness and ensures both parties have made full and frank disclosure. Once sealed, the order is enforceable like any other court order. The process is governed by the Family Procedure Rules 2010.

See also: Consent Order Financial Check (UK).

VetroCheck: family consent order financial check — structured document check (informational, not formal legal advice).

Domestic Abuse Injunction

Domestic abuse is defined in the Domestic Abuse Act 2021. Nationwide, non-molestation and occupation orders under the Family Law Act 1996 remain the main protective orders; DA2021 Domestic Abuse Protection Orders are piloted in specified areas only. Applications may be on notice or, in urgent cases, without notice. The court considers the harm alleged, any risk to children, and the balance of harm when deciding whether to grant the order. Evidence typically includes witness statements, police reports, and any safeguarding records.

See also: Domestic Abuse Injunction Check (UK), Non-Molestation Order Check (UK).

VetroCheck: family domestic abuse injunction check — structured document check (informational, not formal legal advice).

Financial Disclosure Form E Check (UK)

Form E is the standard financial disclosure document used in financial remedy proceedings in England and Wales. It requires detailed information on income, assets, liabilities, pensions, and outgoings, supported by documentary evidence. Both parties must complete Form E fully and honestly; incomplete or misleading disclosure can lead to the court drawing adverse inferences. The form is filed within the timetable set by the court and informs negotiations or hearings about financial settlements.

See also: Financial Disclosure Form E Check (UK).

VetroCheck: family financial disclosure form e check — structured document check (informational, not formal legal advice).

Surrogacy Arrangement

Surrogacy arrangements in the UK are governed by the Human Fertilisation and Embryology Act 2008. Intended parents can apply for a parental order to become the legal parents of a child born through surrogacy. The application requires the surrogate’s consent, the child’s birth registration, and evidence that the arrangement was not commercial. The court considers the child’s lifelong welfare as the paramount consideration. Parental orders are made under the Family Procedure Rules and the relevant jurisdiction’s practice directions.

See also: Parental Order Check (UK), Surrogacy Arrangement Check (UK).

VetroCheck: family surrogacy arrangement check — structured document check (informational, not formal legal advice).

Prenuptial Agreement Check (UK)

Prenuptial agreements set out how a couple’s finances will be divided if they later separate. While not automatically binding, courts may give weight to a prenuptial agreement if both parties made full financial disclosure, received independent legal advice, and the agreement was entered into freely and without undue pressure. The court retains a discretion to depart from the agreement if it would be unfair to hold the parties to its terms. Timing, fairness, and the circumstances at the time of enforcement are key factors.

See also: Prenuptial Agreement Check (UK).

VetroCheck: family prenuptial agreement check — structured document check (informational, not formal legal advice).

Special Guardianship

Special guardianship provides a child with a permanent home while maintaining legal links with their birth family. A special guardianship order can be made under the Children Act 1989 where it is deemed preferable to adoption but the child’s welfare requires a more secure arrangement than a child arrangements order. The local authority must assess the suitability of the proposed guardian and provide support services. The application follows the Family Procedure Rules and is supported by welfare reports and any relevant safeguarding assessments.

See also: Proof of legal guardianship (UK), Special Guardianship Check (UK).

VetroCheck: family special guardianship check — structured document check (informational, not formal legal advice).

Frequently asked questions

What is the current process for getting a divorce in England and Wales?

Since April 2022, divorce is no-fault under the Divorce, Dissolution and Separation Act 2020. Either spouse can apply, alone or jointly, by filing a divorce application and a statement of irretrievable breakdown. There is a minimum 20-week reflection period before the conditional order, followed by a further six-week wait for the final order. The process is managed under the Family Procedure Rules 2010.

How does the court decide child arrangements after separation?

The court’s paramount consideration is the child’s welfare, guided by the welfare checklist in section 1(3) of the Children Act 1989. Applications are made using the relevant court forms and are supported by statements, Cafcass reports, and any safeguarding evidence. The court can make a child arrangements order, prohibited steps order, or specific issue order depending on the dispute.

What is a consent order and when is it used?

A consent order records a financial settlement between divorcing or separating couples and is submitted to the court for approval. The order must be accompanied by a financial statement summarising the parties’ financial positions. The court scrutinises the agreement for fairness and ensures both parties have made full and frank disclosure. Once sealed, the order is enforceable like any other court order.

Can unmarried couples make a legally binding cohabitation agreement?

While not automatically binding, courts may consider a cohabitation agreement if it is freely entered, based on full financial disclosure, and each party received independent legal advice. The agreement’s weight depends on fairness and the circumstances at the time it is enforced. Property and trust law, as well as contract principles, inform how such agreements are assessed.

What protections are available for domestic abuse in family proceedings?

Domestic abuse injunctions provide immediate protection in family proceedings. A non-molestation order under the Family Law Act 1996 can prohibit harassment, violence, or intimidation, while an occupation order can regulate who can live in or enter the family home. Applications are made on notice or, in urgent cases, without notice.

Compliance note

This guide is provided for informational and educational purposes only. It does not constitute formal legal advice, does not create a solicitor-client relationship, and should be checked against current legislation, official guidance, and the facts of the specific case.