UK Family Law: Divorce, Child Maintenance & Rights
Family law in the United Kingdom is a mix. Child maintenance works the same way across England, Wales and Scotland through the Child Maintenance Service, but divorce and the rights of unmarried couples differ by nation. England and Wales have no-fault divorce, Scotland uses separation grounds, and Northern Ireland is still fault-based.
Information last verified on 18 July 2026. This hub presents general legal information, not legal advice.
Jurisdiction scope: This hub covers family law across England, Wales, Scotland and Northern Ireland and signposts which nation's rules apply. It is general information, not advice on your own separation, divorce or child arrangements. For help, contact Citizens Advice, Gingerbread (single parents), Child Maintenance Options, or a family solicitor.
How UK family law is structured
Family law is partly the same across the UK and partly devolved, so the right answer depends on the topic. Child maintenance is run on a Great Britain-wide basis by the Child Maintenance Service, so the calculation is the same in England, Wales and Scotland; Northern Ireland runs its own Child Maintenance Service under the Department for Communities with near-identical rules. Divorce is devolved and genuinely different in each nation. The rights of unmarried couples are also devolved, and Scotland gives cohabitants more than the rest of the UK.
Two things are true everywhere. First, the welfare of any children is the court's paramount concern in decisions about them. Second, there is no such thing as "common law marriage" anywhere in the UK: a couple do not acquire marriage-like rights simply by living together, no matter how long.
Child maintenance
The Child Maintenance Service calculates maintenance as a percentage of the paying parent's gross weekly income, adjusted for the number of children, any other children in their household, and shared care. It applies across Great Britain, with Northern Ireland running its own equivalent service.
- Child maintenance (CMS): how it works, the rates, gross income, and Direct Pay versus Collect and Pay
- How much child maintenance will I pay or get?, worked examples across the income bands
Use our free UK Child Maintenance calculator to estimate the weekly amount. It mirrors the CMS formula; the CMS makes the binding calculation.
Divorce by nation
Divorce is where the four nations differ most, so start with the guide for where you live.
- No-fault divorce explained, what changed in 2022 and how the nations compare
- Divorce process in England and Wales, the 20-week and 6-week stages
- Divorce in Scotland, separation grounds and the simplified procedure
Northern Ireland has not introduced no-fault divorce; it still relies on fault or a period of separation, and a couple must have been married two years before applying.
Money, property and agreements
- Financial settlement on divorce, the section 25 factors (England and Wales) and fair sharing (Scotland)
- Prenuptial agreements, not automatically binding but given weight after Radmacher
Children
- Parental responsibility, who has it and how it is acquired
- Child arrangements orders, who a child lives with and spends time with
- Grandparents' rights, how a grandparent applies for contact
Living together without marrying
Unmarried couples have far fewer rights than married couples or civil partners, and the gap is widest in England, Wales and Northern Ireland.
- Cohabiting couples' rights, what protects you and where Scotland differs
- Common law marriage: the myth, why living together gives you no automatic rights
Frequently asked questions
This hub is general legal information about family law in the United Kingdom, verified on 18 July 2026. It is not legal advice, and how the law applies depends on your circumstances and the nation you live in. For advice, contact Citizens Advice, Gingerbread, Rights of Women, or a family solicitor. For related guides, see the United Kingdom law hub.
Frequently Asked Questions
Is child maintenance the same across the UK?
The calculation is the same in England, Wales and Scotland, run by the Child Maintenance Service using a percentage of the paying parent's gross weekly income. Northern Ireland has its own Child Maintenance Service under the Department for Communities, with near-identical rules.
Is divorce no-fault everywhere in the UK?
No. England and Wales introduced no-fault divorce on 6 April 2022. Scotland uses separation-based grounds (one year with consent or two years without) as well as fault grounds. Northern Ireland is still fault-based and requires a two-year marriage before you can apply.
Do unmarried couples have legal rights if they split up?
Very limited ones. There is no common law marriage anywhere in the UK. In England, Wales and Northern Ireland, cohabitants rely on property law and claims for children. Scotland gives cohabitants limited statutory rights under the Family Law (Scotland) Act 2006.
How is a divorce financial settlement decided?
In England and Wales there is no fixed formula; the court weighs the factors in section 25 of the Matrimonial Causes Act 1973, with any children's welfare first. Scotland uses fair sharing of matrimonial property. A settlement should be made binding by a court order.
Does a father automatically have parental responsibility?
The birth mother always has it. In England and Wales a father has it if he was married to the mother, is named on the birth certificate (for births registered from 1 December 2003), or gets an agreement or court order. Scotland has similar rules under its own 1995 Act.
Does this website give family law advice or referrals?
No. These pages are general legal information, not advice, and we do not run lawyer referrals. For help, contact Citizens Advice, Gingerbread, Child Maintenance Options, or a family solicitor.
Updates
England and Wales introduced no-fault divorce under the Divorce, Dissolution and Separation Act 2020. Spouses no longer have to prove fault or blame, and a divorce cannot be contested on the basis of the breakdown.
Sources and References
- GOV.UK: How the Child Maintenance Service works out child maintenance(gov.uk).gov
- Divorce, Dissolution and Separation Act 2020(legislation.gov.uk).gov
- Matrimonial Causes Act 1973, section 25(legislation.gov.uk).gov
- Children Act 1989(legislation.gov.uk).gov
- Family Law (Scotland) Act 2006(legislation.gov.uk).gov
- Divorce (Scotland) Act 1976(legislation.gov.uk).gov
- GOV.UK: Get a divorce(gov.uk).gov
- Gingerbread: help for single parents(gingerbread.org.uk)