TRW & Co · Tax, Private Wealth & Family
Family Law Solicitors in London
Family law solicitors London clients instruct advise on divorce, financial settlements, children, domestic abuse, cohabitation and nuptial agreements. With no-fault divorce now established, courts pushing parties towards mediation and other non-court options, and cohabitation reform under consultation, getting early advice on route, evidence and jurisdiction shapes both cost and outcome.
Key pointFinancial claims between spouses stay open until a court order dismisses them, even years after divorce. An informal agreement is not enough: a consent order, with a clean break where appropriate, is what gives certainty.
At a glance
No-fault divorce since 2022
Divorce rests on a statement of irretrievable breakdown that cannot be contested, with a 20-week wait before the conditional order and six weeks before the final order.
Mediation pressure since 2024
Family Procedure Rules amended on 29 April 2024 require courts to consider non-court dispute resolution, with possible costs consequences for unreasonable refusal.
Child welfare is paramount
Under the Children Act 1989 the child's welfare is the court's paramount consideration, assessed against a statutory welfare checklist.
Cohabitants lack rights
Unmarried couples have no general claim to financial provision on separation; the government consulted in 2026 on reform but the current law still applies.
Prenups carry weight
Since Radmacher v Granatino, courts give effect to fairly made nuptial agreements unless holding parties to them would be unfair.
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What family law covers in England and Wales
Family law solicitors London clients instruct advise on the legal consequences of forming, changing and ending family relationships. That includes divorce and civil partnership dissolution, financial settlements, arrangements for children, protection from domestic abuse, the rights of unmarried couples, and agreements made before or during a marriage.
The legal question often arrives with a life event: a separation, a move abroad with children, a business sale during a marriage, a new relationship with significant wealth on one side, or a crisis involving safety. In each case the law gives the court wide discretion, so outcomes depend heavily on facts, evidence and how the case is presented.
Family law is also increasingly international, and family law solicitors London clients rely on need to think about more than one legal system at once. Many London families have homes, businesses, pensions or relatives in other countries, and a choice made early, such as where to start divorce proceedings, can change the result. Good family law solicitors London-based combine an understanding of English law with a practical view of how foreign courts and assets fit in.
The legal framework and the family courts
The main statutes are the Matrimonial Causes Act 1973, which governs divorce and the court's powers to divide money and property, and the Children Act 1989, which makes the child's welfare the court's paramount consideration. The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce from 6 April 2022, and the Civil Partnership Act 2004 mirrors these rules for civil partners.
Protection from abuse comes from Part IV of the Family Law Act 1996, which provides non-molestation and occupation orders, and from the Domestic Abuse Act 2021, which created a statutory definition of domestic abuse that includes coercive and controlling behaviour and economic abuse. Unmarried couples' property disputes fall under general property and trust law, notably the Trusts of Land and Appointment of Trustees Act 1996.
Cases are heard in the Family Court, with the most complex matters in the High Court's Family Division. In London, the Central Family Court deals with many children cases, and a specialist financial remedies court structure handles money claims. Procedure is set by the Family Procedure Rules 2010. Cafcass advises the court on children's welfare.
Scotland and Northern Ireland
Scotland has a separate system under the Family Law (Scotland) Act 1985, with a stronger focus on dividing "matrimonial property" acquired during the marriage, and different grounds and timescales for divorce. Northern Ireland has its own legislation and courts. Choosing which part of the UK, or which country, hears a case can matter as much as the merits.
The core areas of family law
Most family matters fall into one or more of the areas below. Each has its own legal tests and processes, and they often interact.
| Area | Main law | What is decided |
|---|---|---|
| Divorce and dissolution | Matrimonial Causes Act 1973, as amended in 2022 | Whether the marriage ends; no-fault process with minimum waiting periods |
| Financial remedies | Matrimonial Causes Act 1973, section 25 | Division of property, pensions, maintenance and lump sums, by reference to statutory factors |
| Children arrangements | Children Act 1989, section 8 | Where a child lives and spends time, and specific issues such as schooling or relocation |
| Domestic abuse protection | Family Law Act 1996, Part IV | Non-molestation and occupation orders, sometimes made urgently without notice |
| Unmarried couples | Trusts of Land and Appointment of Trustees Act 1996; Children Act 1989, Schedule 1 | Ownership of property under trust principles, and financial provision for children |
| Nuptial agreements | Case law, especially Radmacher v Granatino | Weight the court gives to pre- and post-nuptial agreements |
Divorce and money
Since April 2022 one or both spouses can apply for divorce by stating the marriage has broken down irretrievably; the statement cannot be contested. The divorce itself is rarely the hard part. Financial settlements are where most legal work lies, because the court balances sharing, needs and compensation under section 25. Our dedicated divorce solicitors page covers the process and financial principles in detail.
Children
The court's starting point is that the child's welfare is paramount, assessed through the welfare checklist in section 1(3) of the Children Act 1989. The court only makes an order if doing so is better for the child than making none. In October 2025 the government announced it would repeal the statutory presumption of parental involvement, but that requires legislation and had not taken effect at the time of writing. Our children law solicitors advise on child arrangements, relocation and abduction.
Domestic abuse
Where there is abuse, protection comes first. A non-molestation order prohibits violence, threats, harassment and intimidation, and breach is a criminal offence. An occupation order regulates who may live in the family home and can exclude an abuser. Both can be made urgently, without notice, where delay would put someone at risk. The Domestic Abuse Act 2021 also restricts cross-examination of victims by alleged perpetrators in family proceedings. Family law solicitors London victims instruct can prepare urgent applications and the supporting statement quickly. Our guide to non-molestation and occupation orders explains the tests.
Child maintenance
Child maintenance between separated parents is usually dealt with by agreement or through the Child Maintenance Service, which uses a statutory formula based on the paying parent's income. The court's role is narrower: it can make orders by consent, top up maintenance where the paying parent's income is very high, and order payment of school fees or costs linked to a child's disability. In wealthier families, claims under Schedule 1 to the Children Act 1989 can also provide housing and lump sums for a child, whether or not the parents were married.
Cohabitation
Unmarried couples in England and Wales have no general right to financial provision on separation, however long the relationship. Claims depend on property ownership, trust principles and claims for children. In 2026 the government consulted on a new framework of rights for eligible cohabitants at separation and on death; until legislation passes, the existing law applies. Our guide to cohabitation rights explains the current position.
Choosing how to resolve a family dispute
Family law solicitors London clients consult will usually start by discussing which route fits the case. Since 29 April 2024, amended Family Procedure Rules require the court to consider at every stage whether non-court dispute resolution is appropriate, and parties must state their views on it. In financial cases, an unreasonable failure to attend a mediation information and assessment meeting (MIAM) or engage in non-court options can lead to a costs order.
Negotiation through solicitors
Correspondence and round-table meetings, supported by financial disclosure, remain the most common route. It works well where both parties are represented and engaged, and leads to a consent order the court approves.
Mediation
A neutral mediator helps the couple reach agreement. It is usually cheaper and quicker than court, and a MIAM is generally required before applying to court, subject to exemptions such as domestic abuse or urgency. The Family Mediation Council accredits mediators.
Private FDR and arbitration
A private financial dispute resolution hearing gives an early indication from an experienced judge or barrister. Family arbitration produces a binding decision, with control over timing and privacy that court cannot offer.
Court proceedings
Necessary where safety is at risk, one party will not disclose or engage, or urgent orders are needed. Court remains the backstop, and judges increasingly expect parties to have tried other routes first.
The divorce itself is rarely what parties fight about. The real decisions are about money, the home and the children, and the route chosen to resolve them shapes cost, time and outcome.
How a family matter typically progresses
The steps below describe a typical separation involving finances and children. Urgent protective cases follow a faster path.
- Initial advice and safety. Identify any risk to safety or of assets being moved, and whether urgent orders are needed. Consider where proceedings could be started if there is an international element.
- Gather information. Collect documents about income, property, pensions, businesses and debts, and note the history of the relationship and children's arrangements.
- Choose a route. Decide between negotiation, mediation, collaborative law, arbitration or court, attending a MIAM where required.
- Exchange financial disclosure. Each party provides full and frank disclosure, usually in Form E with supporting documents, and asks questions about the other's position.
- Arrange children matters. Agree a parenting plan where possible. If an application is needed, Cafcass carries out safeguarding checks and the court may order reports.
- Negotiate and settle. Use offers, mediation or a private FDR to reach agreement, then record it in a consent order that the court approves.
- Implement. Transfer property, implement pension sharing orders and update wills, nominations and insurance after the final order.
Documents and evidence to assemble
The more complete the financial picture, the quicker a case resolves. Family law solicitors London clients instruct typically ask for:
- Marriage or civil partnership certificate and any pre- or post-nuptial agreement.
- Twelve months of bank and credit card statements, payslips and tax returns.
- Property valuations, mortgage statements and title information.
- Pension valuations (cash equivalent values) and, for larger pensions, information for a pension expert.
- Business accounts, shareholdings and any valuation evidence.
- Details of overseas assets, trusts and inheritances.
- For children matters, school and health information and a record of current arrangements.
- Where abuse is alleged, messages, photographs, police reports and medical records.
Do not move, hide or dispose of assets after separation. The court can set aside transactions designed to defeat a claim, draw adverse inferences from incomplete disclosure, and penalise in costs. Equally, do not access the other party's private emails or devices; unlawfully obtained material can rebound on the person who took it.
Risks and common mistakes
Agreeing finances without a court order
An informal agreement between spouses is not binding and does not stop either party making a financial claim later. Financial claims on divorce remain open until dismissed by a court order, as the Supreme Court confirmed in Wyatt v Vince [2015] UKSC 14, where a claim was brought many years after divorce. A consent order approved by the court, including a clean break where appropriate, gives certainty. Remarriage before applying can also bar some claims, so the order and timing of steps matter.
Applying for the final order too early
Once a final divorce order is made, a spouse may lose rights that depend on marriage, such as widow's pension benefits or inheritance under an existing will or intestacy. Where significant pensions are involved, it is often advisable to wait until a financial order has been approved before applying for the final order. Pension sharing orders also take effect only after the final order.
Treating a prenup as automatically binding
Pre-nuptial agreements are not automatically binding in England and Wales. Following Radmacher v Granatino [2010] UKSC 42, the court will give effect to an agreement freely entered into with full appreciation of its implications, unless it would be unfair to hold the parties to it. Independent advice, disclosure and timing well before the wedding all strengthen an agreement. Our prenuptial agreements solicitors explain how to draft one that is likely to be upheld.
Assuming cohabitants have the same rights as spouses
There is no such thing as a "common law marriage" in England and Wales. A cohabitant whose name is not on the title to the family home may have to prove a beneficial interest through a common intention constructive trust, which is evidence-heavy and uncertain. Cohabitants should consider a cohabitation agreement, a declaration of trust on any property purchase and up-to-date wills, especially while the law remains unreformed.
Taking a child abroad without consent
Removing a child under 16 from the UK without the consent of everyone with parental responsibility, or the court's permission, can be a criminal offence under the Child Abduction Act 1984. A parent with a child arrangements order stating the child lives with them can take the child abroad for up to one month without consent. For longer holidays or relocation, written consent or a court order is needed. Our guide to relocating abroad with children covers the process.
International families: Bangladesh, the Gulf, the EU and Asia
Where spouses have links to more than one country, the first strategic question is which court should decide the case. England and Wales is often seen as generous to the financially weaker spouse, while other jurisdictions may give more weight to prenuptial agreements or separate property. Since Brexit, the EU rules allocating divorce jurisdiction no longer apply in the UK, and English courts deal with competing proceedings using the forum conveniens approach. Our guide to international divorce explains the choices.
For British Bangladeshi families, common questions include whether a marriage solemnised in Bangladesh is valid here and whether a talaq is recognised. A divorce obtained in the British Isles is only effective if granted by a civil court, so a talaq pronounced in the UK is not recognised.
An overseas divorce may be recognised under Part II of the Family Law Act 1986 if conditions are met. Even after a recognised foreign divorce, Part III of the Matrimonial and Family Proceedings Act 1984 can allow a financial claim in England, as in Agbaje v Akinnoye-Agbaje [2010] UKSC 13. See our UK–Bangladesh family page and our guide to recognition of a Bangladeshi divorce or talaq.
Child abduction raises particular concerns. Bangladesh and the United Arab Emirates are not parties to the 1980 Hague Child Abduction Convention, so returning a child from those countries depends on local proceedings and diplomatic routes; Singapore and Pakistan are parties. TRW & Co's offices in Dhaka, Chattogram and Sylhet, and our presence in Dubai and Singapore, allow early coordination with local lawyers.
How TRW & Co's family law solicitors London team helps
TRW & Co's London office is authorised and regulated by the Solicitors Regulation Authority. We advise individuals and families on English family law, and coordinate with our overseas offices where a case crosses borders. Where advocacy in the higher courts is required, we instruct specialist counsel.
Divorce and financial settlements
We guide clients through the no-fault process, financial disclosure, negotiation and court proceedings, with particular attention to pensions, businesses and overseas assets.
Children arrangements
We help parents agree parenting plans and, where necessary, apply for child arrangements, specific issue and prohibited steps orders, including international relocation.
Nuptial and cohabitation agreements
We draft and review prenuptial, postnuptial and cohabitation agreements designed to carry weight with the court, taking account of the proposed reforms.
Protection and urgent applications
We act on non-molestation and occupation orders and urgent applications to protect assets or prevent a child's removal, working with our immigration solicitors where status depends on a relationship.
Family breakdown often has knock-on effects for estates and tax. Our wills and estate planning team can update wills and nominations once a settlement is reached.
Checklist for anyone considering separation
Before you take a formal step, family law solicitors London-based will want to explore these questions with you.
- Is anyone at risk, and are urgent protective orders needed?
- Is there a link to another country that affects where proceedings should start?
- Are you married, in a civil partnership or cohabiting, and is the marriage recognised in England?
- Is there a pre- or post-nuptial agreement, and how was it made?
- Do you have a clear picture of the family's assets, pensions, debts and income?
- What arrangements would work best for the children, and can you agree them?
- Have you considered mediation or other non-court options?
- Do your will, pension nominations and insurance need updating?
To speak to us in confidence, contact our London office at info@trw.co or on +880 1779 127165, Holborn Gate, 330 High Holborn, London WC1V 7QH. You can also explore all our practice areas.
Frequently asked questions
01How do I choose a family law solicitor in London?
Look for a firm regulated by the Solicitors Regulation Authority with experience of the issues in your case, whether that is pensions, business assets, international elements or children. Ask how they approach mediation and settlement, who will handle the work, and how costs will be estimated and reported. A good first meeting should leave you understanding the legal framework, the realistic range of outcomes, the immediate steps to take and the risks of delay. Clear communication matters as much as technical knowledge.
02Do I have to go to mediation before going to court?
In most cases you must attend a mediation information and assessment meeting (MIAM) before applying to court for financial or children orders, unless an exemption applies, for example where there is evidence of domestic abuse or genuine urgency. Mediation itself is voluntary, but since April 2024 the court must consider non-court dispute resolution at every stage, can adjourn proceedings to allow it, and in financial cases can make costs orders against a party who unreasonably fails to engage.
03What rights do unmarried couples have when they separate?
Fewer than many people expect. There is no common law marriage in England and Wales, and cohabitants cannot claim maintenance or a share of assets simply because of the relationship. Claims depend on property law, for example whether you own the home jointly or can prove a beneficial interest under a trust, and on claims for the benefit of children under Schedule 1 to the Children Act 1989. The government consulted on reform in 2026, but no new rights are yet in force.
04Are prenuptial agreements binding in England?
Not automatically, but they carry significant weight. Following the Supreme Court's decision in Radmacher v Granatino, a court will give effect to an agreement that each party entered freely with a full understanding of its implications, unless it would be unfair to hold them to it in the circumstances. Fairness usually requires that both parties' needs and those of any children are met. Independent legal advice, financial disclosure and signing well before the wedding all help.
05Can I take my child abroad without the other parent's consent?
Generally not. Taking a child under 16 out of the UK without the consent of everyone with parental responsibility, or the court's permission, can be a criminal offence. A parent named in a child arrangements order as the person the child lives with can take the child abroad for up to a month. For longer trips or permanent relocation you need written consent or a court order, and the court decides by reference to the child's welfare.
06Is a divorce obtained in Bangladesh recognised in England?
It may be. An overseas divorce can be recognised under Part II of the Family Law Act 1986 if it is effective where obtained and the jurisdictional and procedural conditions are met; the rules differ depending on whether it was obtained by proceedings. A talaq pronounced within the UK is not recognised, because divorces in the British Isles must be granted by a civil court. Even after a recognised overseas divorce, a financial claim may be possible in England under Part III of the Matrimonial and Family Proceedings Act 1984.
07What can I do if I am experiencing domestic abuse?
If you are in immediate danger, call the police on 999. The family court can make a non-molestation order to stop a person using or threatening violence, harassing or intimidating you, and an occupation order to decide who can live in the family home. Orders can be made urgently without the other person being told in advance. Breaching a non-molestation order is a criminal offence. The Domestic Abuse Act 2021 recognises coercive control and economic abuse as forms of domestic abuse.
Sources and official materials
- Matrimonial Causes Act 1973 — Divorce and financial remedies
- Children Act 1989 — Welfare principle and section 8 orders
- Domestic Abuse Act 2021 — Statutory definition of domestic abuse
- Family Procedure Rules — Procedure in the family courts
- Get an injunction if you've been the victim of domestic abuse — Non-molestation and occupation orders
- Cafcass — Children and family court advisory service
- Radmacher v Granatino [2010] UKSC 42 — Supreme Court on nuptial agreements
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.