Family Law in the United Kingdom

How long does a divorce take, and what does it cost?

England and Wales: minimum about six months by law (20 weeks to the conditional order, six weeks and a day to the final order), median around nine; the fee is £628, reduced or waived on low income. Scotland: no waiting periods beyond the separation ground — one year with consent, two without; the simplified procedure costs £156 where it is available. Northern Ireland: fault or separation grounds, a two-stage decree with a court hearing, and fees totalling around £856 in the county court.

How do courts decide who children live with?

By the child's welfare — the paramount consideration in every UK jurisdiction — assessed through a checklist: the child's own wishes in light of their age, their needs, any risk of harm, and each parent's capability. There is no automatic 50/50 and no preference for mothers in the law. In England and Wales you generally attend a mediation information meeting before court, applications cost £270, and cases currently average about 35 weeks — mediation, with £500 vouchers available, is usually faster.

How much child maintenance will be paid?

The UK-wide formula: 12% of the paying parent's gross weekly income for one child, 16% for two, 19% for three or more (on income between £200 and £800 a week, with lower percentages on income above that, capped at £3,000 a week), reduced by how many nights the children stay with the paying parent. Arranging payment yourselves through Direct Pay is free; if the Child Maintenance Service has to collect, the paying parent pays 20% extra and the receiver gives up 4%. The CMS can deduct from wages, benefits and bank accounts, and ultimately seize property or disqualify a non-payer from driving.

I'm not married to my partner — what am I entitled to if we separate?

Far less than most people believe. "Common-law marriage" does not exist anywhere in the UK. In England, Wales and Northern Ireland a separating cohabitant has no claim to maintenance or a partner's property — only property-trust arguments and financial provision for children. Scotland allows a capital claim for economic disadvantage, but it must be lodged within one year of the day you stop living together — a hard deadline with no extensions. Reform is under consultation, but this is the law today, and it is why living-together agreements and wills matter for unmarried couples.

We agree on everything — do we still need a court order about money?

In England, Wales and Northern Ireland, yes. The divorce itself does not end financial claims — an ex-spouse can come back years later, even against wealth you built after separating. A consent order (£62 in England and Wales) turns your agreement into a final, binding order and closes that door. Scotland is the reverse trap: financial claims generally must be resolved before the divorce is granted, so sort the money first — afterwards is usually too late.

What urgent protection exists against domestic abuse?

In an emergency call 999. Civil protection is quick: in England, Wales and Northern Ireland, non-molestation orders (stopping abuse and contact) and occupation orders (controlling who lives in the home) carry no court fee, can be granted urgently without the abuser knowing in advance, and breaching a non-molestation order is a criminal offence carrying up to five years. Scotland uses interdicts with powers of arrest and exclusion orders. Abuse in law includes coercive control and economic abuse, not just violence. Legal aid is available for protective orders — in England and Wales now without a separate evidence requirement. The 24/7 helplines: 0808 2000 247 (England), 0800 027 1234 (Scotland), 0808 802 1414 (Northern Ireland).

Does the father have rights if we were never married?

An unmarried father has parental responsibility automatically if he is named on the birth certificate — for births registered from December 2003 in England and Wales, May 2006 in Scotland, or April 2002 in Northern Ireland — and can otherwise gain it by agreement with the mother or a court order. Parental responsibility means a say in major decisions: schooling, medical treatment, religion, moving away. It is separate from child maintenance, which is owed regardless, and separate from where the children live, which is decided on welfare.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The line gives you clear general legal information about family law across the UK — not legal advice on your specific situation — and calling creates no solicitor-client relationship. When you want advice or someone in your corner, we connect you with an expert UK family solicitor for a one-hour consultation at a fixed £145, bookable on the call, price confirmed before you pay anything.