When most people think of a family law solicitor, divorce court battles and custody hearings come to mind. But the reality is far broader, and far more useful. Whether you are married, cohabiting, planning ahead, or navigating the aftermath of a relationship breakdown, a specialist family solicitor can protect your rights, your finances, and your children in ways that may surprise you.
At GLP Solicitors, we speak to people every week who have been navigating a family legal issue on their own; unaware that professional, affordable legal help was available. This article sets the record straight. Below, we cover the five most common family law areas we deal with, along with the hidden complexities within each one that make expert advice essential.
1. Divorce and Separation
Since April 2022, England and Wales has operated under no fault divorce. Under the Divorce, Dissolution and Separation Act 2020, you no longer need to blame your spouse or wait years to start proceedings, you simply state that the marriage has irretrievably broken down.
What many people don’t realise is that the divorce itself and the financial settlement are two separate processes. Getting a Final Order ends the marriage, but it does not automatically resolve financial claims. Without a court approved financial order, either spouse can still make financial claims against the other years later.
A solicitor can help you with:
- Navigating the divorce process from start to finish
- Negotiating or drafting a Separation Agreement
- Ensuring financial matters are formally resolved alongside the divorce
2. Child Arrangements
The courts no longer use the word ‘custody’. Instead, under the Children Act 1989, they deal with Child Arrangements Orders, which set out where a child lives and when they spend time with each parent. The child’s welfare is always the court’s first priority.
A few things that often catch parents off guard:
- Unmarried fathers do not automatically have parental responsibility. It can be acquired by being named on the birth certificate (for births registered after December 2003), through a Parental Responsibility Agreement, or by court order.
- If one parent wants to take a child abroad, even on holiday, they generally need the written consent of everyone with parental responsibility, or a court order.
- Grandparents have no automatic right to see grandchildren. They may need permission from the court before they can even apply for a Child Arrangements Order.
3. Financial Settlements
Splitting up finances is rarely as simple as dividing things down the middle. A financial settlement on divorce can cover the family home, savings, pensions, business assets, and ongoing maintenance, and each of these comes with its own legal considerations.
The most common mistake we see? Couples agreeing things verbally or by text message and assuming that’s binding. In England and Wales, only a Consent Order approved by the court creates a legally enforceable financial settlement. Without one, claims can resurface years later.
Pensions are particularly worth flagging, they are often the largest marital asset after property, yet are frequently left out of settlements entirely.
4. Cohabitation
This is one of the most important, and most misunderstood, areas of family law in the UK. There is no such thing as ‘common law marriage’ in England and Wales. No matter how long you have lived together, cohabiting couples do not have the same legal rights as married couples or civil partners.
According to a parliamentary report, around 46% of people in England and Wales wrongly believe that living together gives you the same rights as being married. It does not. If the relationship ends, there is no automatic right to a share of your partner’s property, their pension, or ongoing financial support.
Practical steps a solicitor can help with:
- Drafting a Cohabitation Agreement, setting out how property and finances will be handled if the relationship ends.
- Creating a Declaration of Trust, recording each person’s share in a jointly owned property.
- Advising on making a Will, cohabiting partners have no automatic inheritance rights without one.
5. Prenuptial and Postnuptial Agreements
Prenuptial agreements are not just for the wealthy, and they are no longer seen as unromantic. They are a practical way for couples to agree in advance how finances would be handled if the marriage ended.
Postnuptial agreements work the same way but are made after the wedding, often following a significant life event such as an inheritance, the start of a business, or the birth of a child.
Not Sure Where to Start?
Family legal issues can feel overwhelming, but you don’t have to figure it out alone. Whether you are at the beginning of a difficult situation or just want to understand your options, the team at GLP Solicitors is here to help; without jargon, and without pressure.
Contact GLP Solicitors to arrange a consultation with one of our family law specialists.