Family Law Definitions

Family law changes from time to time and there is a fair amount of jargon and technical terms that are used. We have put together a list of the terms that you may come across and have written these definitions as briefly and as clearly as possible.

These definitions encompass a wide range of family law matters, each addressing specific issues that arise during separation, divorce, or disputes involving children.

If you'd like more detailed answers on any of these topics or others please get in touch with us at Hewetts Solicitors as every case is personal and unique.

Matrimonial Finance

Matrimonial finance refers to the financial arrangements made between spouses or civil partners upon divorce or dissolution. In England and Wales, matrimonial finance covers the division of assets, property, pensions, savings, and debts, as well as spousal maintenance and child support.

During divorce proceedings, both parties are required to disclose their financial circumstances in detail. This disclosure helps to ensure that any financial settlement is fair and reflects both parties’ needs and contributions to the marriage. The court will consider several factors when deciding how to divide assets, including the length of the marriage, the couple’s standard of living, contributions to the household, and any future financial needs, such as childcare.

The goal is to achieve a fair outcome, though fairness doesn’t always mean a 50/50 split.

Instead, the court aims to ensure that each party can meet their future needs. It is also possible to reach an agreement through mediation or negotiation outside of court, but this agreement must still be approved by a judge to be legally binding.

Children Act Proceedings

Children Act proceedings refer to legal cases brought under the Children Act 1989, which is the primary legislation in England and Wales governing the welfare of children. These proceedings can include issues such as child custody (also known as child arrangement orders), contact (visitation rights), parental responsibility, and other matters concerning the child’s upbringing.

The main principle under the Children Act is that the welfare of the child is the court's paramount consideration.

When parents cannot agree on arrangements for their children, they may apply to the court for an order under the Children Act, and the court will make a decision based on the child’s best interests. Factors the court will consider include the child’s wishes and feelings (depending on their age and maturity), their physical, emotional, and educational needs, and any harm they have suffered or may be at risk of suffering.

How Much Does It Cost for a Separation Agreement?

The cost of a separation agreement can vary depending on the complexity of the agreement and whether you use a solicitor. In most cases, if both parties agree on the terms of the separation, the process is relatively straightforward, and the cost may range from £500 to £2,000, depending on the solicitor’s fees and the amount of negotiation involved.

If the situation is more complicated or if there are disagreements over key issues like finances or children, the cost can increase. Mediation, while often more cost-effective than going to court, can also add to the total expense. It’s always recommended to get a clear estimate from your solicitor before proceeding.

Unmarried Couples' Rights

Unmarried couples do not have the same legal rights as married couples in England and Wales. This means that if an unmarried couple separates, they do not have automatic rights to each other’s property or financial support, even if they have lived together for many years.

However, there are some legal protections. For example, if the couple has children, both parents have a duty to support them financially. Also, if an unmarried couple buys a property together, the ownership will be determined by the legal title of the property. If the property is in one partner’s name, the other partner may not have any rights to it unless they can prove a financial contribution.

Unmarried couples can protect their interests through cohabitation agreements, which outline how property, assets, and financial responsibilities will be handled in the event of a separation.

Adoption, Surrogacy, Care, and Special Guardianship

Adoption, surrogacy, care proceedings, and special guardianship are all ways in which individuals or couples can legally take on parental responsibilities for a child who is not their biological child.

Adoption

This is the legal process by which a child becomes the permanent, legal child of the adoptive parents. Once adopted, the child has the same rights as a biological child, including inheritance rights.

Surrogacy 

Surrogacy involves one woman carrying a baby for another person or couple. After the birth, the intended parents must apply for a parental order to transfer legal parenthood to themselves.

Care proceedings

These are initiated by social services when there are concerns about a child’s welfare. The court will decide whether the child should remain with their parents or be placed in foster care or with a relative.

Special guardianship

This is a legal arrangement where a child lives with someone other than their parents, and that person takes on parental responsibility without severing the legal relationship between the child and their birth parents.

Prenuptial Agreements

A prenuptial agreement is a legal document signed by a couple before they marry, setting out how their assets will be divided if they divorce in the future. While prenuptial agreements are not automatically legally binding in England and Wales, they are increasingly considered by courts, provided they are fair and both parties fully understood the agreement at the time of signing.

For a prenuptial agreement to hold weight in court, it should be signed well in advance of the wedding, and both parties should have received independent legal advice. The agreement must also take into account the needs of any children and should be fair to both parties.

Post-Nuptial Agreements

A post-nuptial agreement is similar to a prenuptial agreement, but it is made after a couple has married. It outlines how their assets will be divided if they later divorce. Like prenuptial agreements, post-nuptial agreements are not automatically legally binding, but they can be considered by the court if they are fair and reasonable.

Divorce

Divorce is the legal process by which a marriage is dissolved. In England and Wales, you can apply for a divorce if you have been married for at least one year and your marriage has irretrievably broken down.

As of April 2022, no-fault divorce is available, meaning couples no longer need to prove fault, such as adultery or unreasonable behaviour, to divorce.

The divorce process involves filing a divorce petition, agreeing on financial arrangements, and making decisions about any children. If both parties agree, the process can take around 6 months. If there are disputes, it may take longer.

Civil Partnership Dissolution

Dissolving a civil partnership is similar to divorce. Civil partners can apply for a dissolution if the relationship has irretrievably broken down. The legal process mirrors that of divorce, and no-fault dissolution is also available. Once the dissolution is granted, the civil partnership is legally ended, and any financial settlements or arrangements for children must be addressed.

Cohabitation Agreements and Disputes

Cohabitation agreements are legal contracts between unmarried couples who live together. They set out the rights and responsibilities of each partner in relation to property, finances, and other assets. These agreements can help avoid disputes if the relationship breaks down by making it clear what each partner is entitled to.

If cohabiting couples experience disputes, such as disagreements over property ownership or financial responsibilities, the court may need to get involved. However, without a cohabitation agreement, resolving these disputes can be more complicated, as there are no automatic rights for cohabiting couples.

Child Law

Child law covers all legal matters related to the care and welfare of children. This includes custody (or child arrangement orders), parental responsibility, child support, and issues related to a child’s upbringing, such as education and medical care. The welfare of the child is always the court’s top priority in any legal proceedings.

How Long Do You Have to Be Separated Before Divorce in the UK?

As of 2022, there is no requirement to be separated for a specific period before applying for a divorce. Under the new no-fault divorce law, couples can apply for a divorce without having to prove separation or assign blame to either party.

How Much Does a Solicitor Charge for Child Custody?

The cost of a solicitor for child custody matters can vary depending on the complexity of the case. Initial consultations may cost between £100 to £250 per hour, with full representation in court potentially costing several thousand pounds. Legal aid may be available in some cases, particularly if there are concerns about domestic violence or child safety.  Hewetts Solicitors do not offer legal aid.

Child Arrangement Orders

A child arrangement order is a legal order made by a court that sets out where a child will live and how much time they will spend with each parent after a separation. The court makes these orders based on the best interests of the child, and they can be modified if circumstances change.

Care Proceedings and Social Services

Care proceedings are legal processes initiated by social services when they believe a child is at risk of significant harm. These proceedings can result in a child being placed in foster care or with a relative, depending on the circumstances. The court will decide what is in the child’s best interests.

Children’s Rights for Grandparents

In England and Wales, grandparents do not have automatic legal rights to see their grandchildren. However, they can apply to the court for permission to request a contact order, which would allow them to maintain a relationship with their grandchildren if it is in the child’s best interests. The court will consider the child’s welfare and the nature of the relationship between the grandparent and the child.

Here are additional family law-related topics with brief explanations for each:

Parental Responsibility

Parental responsibility. refers to the legal rights, duties, powers, responsibilities, and authority a parent has concerning their child. In England and Wales, this responsibility is usually automatically held by both parents if they are married at the time of the child’s birth or if both are listed on the child’s birth certificate.

For unmarried fathers, parental responsibility can be acquired by agreement with the mother or through a court order. Parental responsibility gives parents the right to make important decisions in their child’s life, including education, medical care, and religion. In cases of disputes, courts may intervene and issue orders that reflect the child’s best interests.

Parental Alienation

Parental alienation occurs when one parent, consciously or unconsciously, influences a child to turn against the other parent, often leading to a breakdown in the child’s relationship with that parent. This can happen during high-conflict separations or divorces. Courts in England and Wales take allegations of parental alienation seriously, as it can have significant emotional and psychological impacts on the child. If parental alienation is proven, courts may adjust child arrangement orders to ensure that the alienated parent is able to maintain a healthy relationship with the child.

Domestic Violence and Abuse Orders

Victims of domestic violence or abuse can seek protection through family courts in England and Wales. A common form of protection is a non-molestation order which prevents the abuser from contacting or harassing the victim. Additionally, a prohibited steps order. may be issued to prevent one parent from taking certain actions, such as removing a child from the country. The court may also issue an occupation order which determines who can live in the family home.

Parental Relocation After Divorce

Parental relocation becomes a legal issue when one parent wishes to move to a different part of the country or abroad with the child, following a separation or divorce. In England and Wales, a parent with parental responsibility must either get the consent of the other parent or apply to the court for permission before relocating with a child.

The court’s primary consideration is the child’s welfare, and the judge will examine factors such as the impact of the move on the child’s relationship with both parents and the overall benefits of the relocation for the child.

Consent Orders

A consent order is a legally binding document that formalises the financial agreement reached between divorcing spouses. It can include details about how property, savings, pensions, and other assets will be divided, as well as any agreements on spousal maintenance and child support.

The agreement is submitted to the court, and once approved by a judge, it becomes legally enforceable. Even if divorcing couples reach an agreement privately, it is advisable to obtain a consent order to avoid future disputes.

Financial Orders

Financial orders (or financial remedy orders) are decisions made by a court regarding the financial arrangements between spouses following a divorce. If divorcing parties cannot agree on how to divide their finances, they may apply to the court for a financial order. The court will look at factors such as each person’s needs, earning potential, the length of the marriage, and contributions to the marriage, including non-financial contributions like childcare. Financial orders can cover a range of matters, including the division of property, spousal maintenance, and pension sharing.

Shared Parenting Agreements

A shared parenting agreement is a voluntary arrangement between separated parents that outlines how they will share responsibilities and time with their children. These agreements can help avoid conflict by establishing clear guidelines for custody and visitation schedules, decision-making responsibilities, and financial contributions. While not legally binding, shared parenting agreements can be formalised into a consent order if both parties wish to make them enforceable in court.

Parenting Plans

A parenting plan is a written agreement between separated parents about how they will raise their children following separation or divorce. The plan usually includes details about where the child will live, how much time they will spend with each parent, how decisions about the child’s education and health will be made, and how the parents will communicate with each other. While a parenting plan is not legally binding, it can serve as a useful tool to help parents avoid disputes. If needed, the terms of a parenting plan can be incorporated into a court order.

Variation of Child Maintenance

Child maintenance arrangements may need to be .varied. if there is a significant change in either parent’s financial circumstances. For example, if a parent loses their job or experiences a significant increase in income, they may apply to the Child Maintenance Service or the court to alter the child maintenance payments. The court will review the new circumstances and decide if the variation is justified, always ensuring that the child’s best interests are at the forefront.

Grandparent Contact Orders

While grandparents in England and Wales do not have automatic legal rights to see their grandchildren, they can apply to the court for a child arrangement order if contact is being denied. This process involves first seeking the court’s permission to apply for contact.

If permission is granted, the court will consider whether it is in the child’s best interests to maintain a relationship with their grandparents, taking into account the strength of the relationship and the child’s welfare.

Pension Sharing Orders

A pension sharing order is a court order that divides one spouse’s pension between both parties during a divorce or dissolution of a civil partnership. Pensions are often one of the most valuable assets in a marriage, and the court will consider them when making financial decisions.

The pension sharing order specifies the percentage of the pension that will be transferred to the other spouse, allowing them to build their own pension fund. This ensures that both parties have financial security in retirement.

Spousal Maintenance

Spousal maintenance is financial support paid by one spouse to the other after divorce or separation. The court may order spousal maintenance if one spouse cannot support themselves financially, particularly if they gave up a career to care for children or the home. The amount and duration of maintenance will depend on factors such as the recipient’s needs, the payer’s ability to pay, and the length of the marriage. Maintenance can be for a fixed term or until a specific event, such as the recipient’s remarriage.

Child Abduction Cases

Child abduction. within the context of family law typically refers to one parent unlawfully taking or retaining a child without the other parent’s consent or against a court order. This can happen when one parent moves abroad with the child without permission.

In cases of international child abduction, the Hague Convention on the Civil Aspects of International Child Abduction provides a legal framework to ensure the child’s swift return to their country of habitual residence. Parents concerned about abduction can seek legal advice and apply for a prohibited steps order to prevent the other parent from taking the child out of the country.

Schedule 1 Applications for Financial Provision for Children

Schedule 1 applications under the Children Act 1989 allow unmarried parents to apply for financial provision for their children. This may include payments for housing, school fees, or other child-related expenses. Schedule 1 applications are used when the parents were never married, and one parent needs financial support for the child’s upbringing. The court will consider the child’s needs, the financial resources of both parents, and the child’s welfare when making a decision.

Domestic Abuse and Children’s Safety

In cases of domestic abuse., the safety and welfare of children are paramount. Courts in England and Wales will take allegations of abuse very seriously when making decisions about child custody and contact arrangements. If domestic abuse is proven, the court may restrict or supervise the abusive parent’s contact with the child. Protective measures, such as non-molestation orders, can also be put in place to ensure the safety of both the child and the abused parent.

Leave to Remove Applications

A leave to remove application is made by a parent who wants to move abroad with their child after separation or divorce. The parent must obtain the court’s permission if the other parent does not agree to the move. The court will carefully consider the impact of the relocation on the child’s relationship with both parents and whether the move is in the child’s best interests.

Factors such as the child’s educational opportunities and the motivation for the move will be taken into account.

How Much Does a Solicitor Cost for Family Law?

The cost of a solicitor for family law matters depends on the complexity of the case and the solicitor’s experience. Complex cases such as divorce or child custody disputes may cost several thousand pounds.

At Hewetts Solicitors we can offer fixed-fee arrangements for specific services, such as drafting a separation agreement. 

For any help with Family Law please speak to Safeena Tufail at the Reading office on 0118 957 5337

Published on 10/09/2024