The Law

Law books and GavelHere is a very brief outline of the law in relation to Divorce, Separation (both civil partnership and co-habitation), Children and Young People, Finance and Property and Domestic Violence. It is important that you seek independent legal advice in relation to your own particular circumstances.

Download 'Divorce and Separation: your rights if you marriage breaks down' [PDF] which gives you an outline of your legal position if you are married and considering separation or divorce.

Divorce

Divorce in England & Wales is granted on the basis of the irretrievable breakdown of marriage. Please note that 'irreconcilable differences' is not one of the reasons for divorce. There is no ground for divorce known as irreconcilable differences. There are currently five grounds for divorce which can be relied upon as evidence of the irretrievable breakdown of the marriage.

Download information on divorce:

Couple with her head resting on his shouldersSeparation

There is no legal process to the ending of a relationship in which you were not married. However, you may still use the courts to help you make arrangements if you are unable to reach agreement by any other method.

You can ask the courts to deal with:

  • care and contact for your child
  • the division of any joint assets

Ending a civil partnership

In order to legally end a civil partnership you must ask the court to grant:

  • a dissolution order - your civil partnership must have lasted for at least one year
  • a separation order - your civil partnership does not need to have lasted for a year
  • an annulment – where there are questions around the legality of the partnership

If you have children, you will need to agree arrangements for care and contact. You may also ask the law to rule on issues around your finances and housing.

See Separating for more information.

Children and Young People

Child in orange smilingThe Children Act 1989 says that the child's welfare is the most important consideration. The old word 'access' has been replaced by contact. This can refer to contact by letter, phone and actual visits. 'Custody' has been replaced by residence.

The Act describes parental responsibility rather than parents' rights. If you were married when the child was born, both of you will have parental responsibility for the child.

A father who was not married to the child's mother when the child was born, will not automatically have parental responsibility for that child. But can acquire it by agreement with the child's mother or by applying to the court. He can also acquire it by marrying the child's mother after the birth.

No orders regarding children are automatically made on divorce by the court. You must file a 'Statement of Arrangements' detailing agreements about what will happen with the children - where they will live, contact arrangements, which school they will attend etc.

You can get these forms from your local court and complete them yourself or with the help of a solicitor or in mediation. Both parties must sign the form.

If agreement can not be reached you can apply to the court to resolve the issue where they will make decisions based on the welfare of the child.

The court can make these orders and the following terminology is used:

  • A Residence Order (previously known as Custody) - where and with whom a child will live.
  • A Contact Order (previously known as an Access Order) - this states who should be allowed contact with the child.
  • Prohibited Steps Order - this order prevents specific actions in relation to a child, for example taking them from the country.
  • Specific Issue Order - this relates to a specific issue for a child such as schooling.

Young People

During a divorce or separation it may seem, as a young person, like you've lost control of your own life and you have no rights. Thankfully, that's not true. There are legal rights that you have even before you turn 18, and there are some basic rights that your parents ought to respect as well.

These are rights that no one can take away from you. You will always have some basic legal rights to things like food, shelter, clothing, medical care, and an education. If you're judged to be mature enough, sometimes the judge will let you participate in the decision as to which parent gets custody of you.

Make sure to ask about your rights and contribute what you feel while the divorce is still in progress. This is a decision that will greatly impact your life, so you should make every effort to try and make your own needs known.

Have legal questions, there are plenty of support services which offer this advice.

See supporting children, parenting and support me I'm a parent for more information.

Finance and Property

Dividing up your finances and property can be very complicated during and after marriage breakdown. Your circumstances will be unique and it is important to take independent legal advice.

The court has power to make a number of different orders: spousal maintenance, lump sums, property adjustment orders and pension sharing orders.

The court does not usually make orders for child maintenance but if no agreement is possible between you the Child Support Agency/ Child Maintenance and Enforcement Commission will become involved.

If you are unmarried the court will apply property law to any property owned by you or to which you may have an interest.

If you have children capital orders can be made under Schedule 1 of the Children Act 1989.

See finances and property and housing for more information.

Domestic Violence

If you are experiencing domestic violence it may be necessary for you to obtain protection by applying for an injunction.

Cohabitation The Government definition of domestic violence is: “any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been in a relationship together, or between family members regardless of gender or sexuality.”

There are two different types of injunction under the Family Law Act 1986:

  • non-molestation injunctions forbid a person from doing certain things such as being violent
  • occupation orders can remove someone from the home.

This is another complex area of the law and you should seek legal advice.