Family Law Wiki

Family law in England and Wales is the body of statute, procedure and case law that governs marriage, civil partnership and cohabitation, the breakdown of those relationships, the care and upbringing of children and protection from domestic abuse. Family Law Wiki’s two principal statutes are the Children Act 1989, under which “the child’s welfare shall be the court’s paramount consideration” whenever a court decides a question about a child’s upbringing,[1] and the Matrimonial Causes Act 1973, which provides for divorce, nullity and judicial separation in Part I and for financial relief between spouses and for children in Part II.[2]

Family Law Wiki is a reference map of that law, published by Family Legal Ltd. Family Law Wiki’s articles explain the statutes, the orders the courts can make about children and money, parental responsibility, cohabitation, protection from abuse, legal aid, the professions and a master glossary, each written from primary sources with numbered references. About this site and editorial policy.

Start here

The six questions most often asked about family law in England and Wales, each answered in full on the page that owns the subject:

  1. What is parental responsibility?
  2. What is a child arrangements order?
  3. What is a prohibited steps order?
  4. What is a specific issue order?
  5. What is the welfare checklist?
  6. Does common law marriage exist in England and Wales?

Articles

Children

  • Parental responsibility Parental responsibility under the Children Act 1989: definition, who has it automatically, how fathers, step-parents and others acquire it, limits, duration and the 2024 to 2026 restrictions, with sources.
  • Child arrangements order A child arrangements order under section 8 of the Children Act 1989 decides with whom a child lives and when they spend time with each parent. Who can apply, effect, duration, applying and enforcement, with sources.
  • Prohibited steps order A prohibited steps order under section 8 of the Children Act 1989 stops a specified step, such as removing a child from the UK or changing school, without the court’s consent. Uses, limits, urgent applications and how to apply.
  • Specific issue order A specific issue order under section 8 of the Children Act 1989 decides a disputed question about a child’s upbringing, such as schooling, medical treatment or a move abroad. Uses, limits, the welfare test and how to apply.
  • Welfare checklist The welfare checklist is the list of seven factors in section 1(3) of the Children Act 1989 that the family court must consider in contested cases about children. Each factor explained with case law and sources.
  • Child maintenance How child maintenance is calculated under the Child Support Act 1991: rates, shared care, the £3,000 cap, Direct Pay and Collect and Pay fees, the 2025 reform, court top-ups and Schedule 1, enforcement and DWP statistics, with sources.

Money

  • Financial remedies The financial orders available in England and Wales on divorce or separation, the statute behind each, how the court decides under s.25 MCA 1973 and the four routes to an order, with sources.
  • TOLATA claims A TOLATA claim under s.14 of the Trusts of Land and Appointment of Trustees Act 1996 decides who owns a home and whether it is sold. Trusts law, Stack v Dowden, Jones v Kernott, procedure and costs, with sources.

Relationships

  • Cohabitation and the law Unmarried couples have no common law marriage rights in England and Wales. What cohabitants can and cannot claim on separation and death, property, children, agreements and the 2026 reform consultation, with sources.

Protection

  • Non-molestation order A non-molestation order is a Family Court injunction under s.42 Family Law Act 1996. Who can apply, the test, without notice orders, duration, breach (up to five years), no fee, legal aid and statistics.
  • Occupation order An occupation order regulates who lives in the family home under ss.33 to 38 Family Law Act 1996. Applicant categories, the balance of harm test, s.33(6) factors, duration, power of arrest, no fee and legal aid.
  • Domestic abuse and family law How family law in England and Wales protects against domestic abuse: the 2021 Act definition, non-molestation and occupation orders, PD12J, fact-finding, special measures, the cross-examination ban, legal aid and statistics.

Access to justice

  • Legal aid in family law Who qualifies for family legal aid in England and Wales: LASPO scope, mediation legal aid (means only) versus solicitor legal aid (evidence plus means), the April 2026 means test, contributions, ECF and Help with Fees.
  • McKenzie Friend A McKenzie Friend helps a litigant in person in court in England and Wales. Origin, the 2010 Practice Guidance, permitted help, rights of audience, paid McKenzie Friends, the 2016 to 2019 reform debate and how to check one, with sources.
  • Unbundled and fixed-fee legal services Unbundled legal help means a lawyer does part of your case and you do the rest. The limited retainer, Minkin v Landsberg, fixed fees, regulated versus unregulated providers, consumer protection and the CMA and SRA work, with sources.

Professions

  • Family law professionals Who does what in family law in England and Wales: solicitors, barristers, CILEX lawyers, paralegals, mediators, arbitrators and McKenzie Friends, with regulation, registers, costs, complaints and legal aid, with sources.

Reference

  • Children Act 1989 The Children Act 1989 is the principal statute on children in England and Wales: its background, commencement on 14 October 1991, structure, key sections, principles, amendments and the position in Wales, with sources.
  • Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 governs divorce and financial orders in England and Wales. Its structure, Part I as amended in 2022, Part II sections 21 to 40A, section 25, the amendments timeline and reform, with sources.
  • Family law case index Leading family law cases in England and Wales on children, finance, cohabitation, domestic abuse, divorce and procedure, from White v White to Standish v Standish, with neutral citations, dates, holdings and official links.
  • Family law glossary Plain definitions of 165 family law terms in England and Wales, from acknowledgement of service to yardstick of equality, with links to the pages that explain each in depth.

Recently reviewed

Family Law Wiki is one of six reference sites published by Family Legal Ltd, each owning a different subject. Mediation, which most family applications must consider first, is covered on Family Mediation Wiki; the court that applies this law on Family Court Wiki; divorce and financial remedies in depth on Divorce Law Wiki; and the practical side of separating on Separation Wiki. Mediate UK Wiki is an encyclopaedic article on Mediate UK, a mediation provider that belongs to the publisher.

References

  1. Children Act 1989, section 1: welfare of the child. legislation.gov.uk. Accessed 5 September 2026.
  2. Matrimonial Causes Act 1973. legislation.gov.uk. Accessed 5 September 2026.

This article is part of Family Law Wiki, published by Family Legal Ltd. It is general information about the law of England and Wales, not legal advice. Last reviewed 6 September 2026. About this site and editorial policy · Report an error.