Family Court

Overview

The Family Court is a single national court for family proceedings in England and Wales, created by the Crime and Courts Act 2013. It centralises work previously done in three different courts. It handles divorce and dissolution, financial remedy proceedings, child arrangements, care and supervision proceedings, adoption, and applications under the Family Law Act 1996 (domestic abuse). Cases are heard by lay magistrates, District Judges, Circuit Judges, or High Court Judges depending on complexity.

What it handles

• Divorce and dissolution of civil partnership
• Financial remedy orders
• Child Arrangements Orders, Prohibited Steps and Specific Issue Orders
• Care and supervision orders (s.31 Children Act 1989)
• Non-molestation and occupation orders
• Adoption and special guardianship orders
• International child abduction cases

What it does not handle

• Criminal aspects of domestic abuse (Magistrates'/Crown Court)
• Wills and probate disputes (Chancery Division of the High Court)

Forms

Fees

• Divorce application: £593
• Child arrangements application (C100): £255
• Non-molestation order (FL401): Free
• Financial remedy (Form A): £313

Process

1. Step 1: Check eligibility

   To get a divorce in England or Wales you must have been married for over a year, your relationship must have permanently broken down, and your marriage must be legally recognised in the UK.

2. Step 2: Apply for a divorce

   You apply for a divorce online or by post; there is a £628 fee to apply, with help available for those on a low income or benefits.

3. Step 3: Application sent to spouse

   The court sends a copy of the divorce application to the other spouse, who is asked to give their current address so this can happen.

4. Step 4: Apply for a conditional order

   You must wait 20 weeks after the divorce application has been issued by the court before applying for a conditional order (previously called a decree nisi); the court reviews the application and, if a judge agrees, sends both parties a certificate.

5. Step 5: Apply for a final order

   You must wait at least 43 days (6 weeks and 1 day) after the date of the conditional order before applying for a final order (previously a decree absolute) to end the marriage, and must do so within 12 months of the conditional order or explain the delay to the court.

6. Step 6: Divorce finalised

   Once the final order (or decree absolute) is granted, the marriage is legally ended and both parties are free to remarry.

Appeals

Higher level of the Family Court, then High Court (Family Division), then Court of Appeal.

Representation

Legal aid limited to domestic abuse and certain children matters; many parties self-represent.

Official sources