This page focuses on England and Wales. Family law and court processes differ in Scotland and Northern Ireland, so use guidance for the part of the UK that applies to you.
How are the legal issues after separation connected?
Ending a marriage or civil partnership, arranging where children live and spend time, and resolving money or property are related in everyday life but are not one single legal process. Each issue may need its own agreement, application or court order.
The best next step depends on what is urgent, what can be agreed and whether it is safe to negotiate directly or through mediation. A family solicitor can explain options and help make an agreement legally effective where that is needed.
Common matters in family
Divorce and civil partnership dissolution
The formal process for legally ending a marriage or civil partnership, including joint or sole applications and the orders that complete the process.
Arrangements for children
Where children live, when they spend time with each parent, communication, schools, holidays and other parental-responsibility questions.
Money, property and pensions
The family home, savings, debts, income, pensions and ongoing support. Divorce does not automatically settle financial claims.
Unmarried couples
Property ownership, financial contributions and arrangements for children. There is no common-law marriage in England and Wales.
Family mediation
An independent mediator may help people reach their own agreement. Mediation is not legal advice and may not be suitable where safety or power imbalance is a concern.
Domestic abuse and protective action
Urgent legal advice may cover protective orders, housing, children and access to legal aid. Immediate danger should be treated as an emergency.
The usual route through the issue
Separate the urgent issue from the longer-term decisions
Safety, a court date, threatened removal of a child or an immediate housing problem may need attention before wider negotiation.
List the decisions that actually need to be made
Keep children, the legal end of the relationship, and finances as distinct headings. This makes gaps and priorities easier to see.
Consider safe ways to reach agreement
Options can include direct discussion, solicitor negotiation, mediation or a court application. The appropriate route depends on safety, urgency and the issues in dispute.
Record any agreement properly
Informal agreement may not provide the certainty you expect. Ask whether a written agreement, consent order or another formal step is appropriate.
What to prepare for a first conversation
You do not need to diagnose the law yourself. A concise, accurate account and the key documents will help a professional understand what needs attention.
Immediate context
- Any safety concern, urgent date, existing order or current court case
- Who is involved and the present living arrangements
- The one or two decisions that need attention first
Children
- Current routines, school and care arrangements
- What has been discussed or agreed so far
- Specific concerns about welfare, travel or communication
Finances
- A broad list of property, savings, debts, income and pensions
- Information about the family home and any mortgage or tenancy
- Existing maintenance or financial arrangements
Questions to ask before you instruct someone
- Which parts of my situation are separate legal issues?
- Is anything urgent, and what should I avoid doing before taking advice?
- What information is needed before you can explain my options?
- Could negotiation or mediation be appropriate and safe in these circumstances?
- Would an agreement need a court order to become legally binding?
- How will the work be scoped, charged and reviewed if the situation changes?
This page cannot assess your circumstances, confirm eligibility or tell you what to do. A regulated professional can explain how the law applies to you.
When prompt advice may matter
You or a child may be in danger, threatened or being controlled. Call 999 if there is immediate danger and use official domestic-abuse guidance when it is safe to do so.
A child may be taken abroad or moved without agreement, or there is an urgent dispute about where a child stays.
You have received court papers, an order or a hearing date that you do not understand.
There is pressure to sign, transfer, sell or hide property, money or other assets.
Frequently asked questions
Does divorce also settle children and finances?
No. GOV.UK treats divorce, child arrangements and financial arrangements as separate matters. You may need a separate agreement, application or order for each.
Do unmarried couples have the same rights as married couples?
Not automatically. GOV.UK states that common-law marriage does not exist in England and Wales. Rights may depend on property ownership, specific agreements, children and other facts.
Do I have to go to mediation?
Before many family-court applications, you normally need to attend a Mediation Information and Assessment Meeting unless an exemption applies. That meeting considers whether mediation is suitable; it does not require you to reach an agreement.
Is an agreement reached in mediation legally binding?
Not by itself. A mediator can explain how an agreement may be made legally binding, and independent legal advice may be useful before formalising financial or child arrangements.
Can legal aid help with family-law costs?
It may be available for certain cases, including some involving domestic abuse, child protection or mediation, subject to scope and eligibility rules. Check the current GOV.UK guidance.
Official sources and further reading
These links were checked on 15 September 2026. External guidance can change, so read the current page before relying on it.