Family Law FAQs

A family solicitor helps people deal with legal issues involving relationships, children, and finances. This can include divorce or separation, sorting out child arrangements, agreeing on financial settlements, and protecting individuals from domestic abuse.

At Leonard Solicitors LLP, our family law team offers practical advice and calm, expert support during what is often a very emotional time. We help you understand your options, protect your rights, and move forward with confidence.

We are accredited by the Law Society in Family Law — a recognition of our specialist knowledge, high standards, and experience in this sensitive area. This means you can trust that the advice you receive is not only compassionate but backed by recognised legal expertise.

Contributor: Emilia Borys, Trainee Solicitor

If you’re facing a relationship breakdown, worried about your children, or unsure about your legal rights in a family situation, it’s a good idea to speak to a family solicitor as early as possible. The earlier we’re involved, the more options we can offer, and we may be able to help avoid court altogether. Even if you’re just looking for clarity, we can provide guidance with a one-hour consultation.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Yes, absolutely. We understand that discussing family issues can be deeply personal and many clients prefer to do this face-to-face. You’re very welcome to meet with one of our family solicitors in person at our Southampton office, where we offer a private and supportive environment to talk through your situation.

We also offer phone and video appointments if that’s more convenient or comfortable for you. Whatever your preference, our aim is to make sure you feel heard, supported, and well-informed from the very start.

To arrange a meeting, simply get in touch, we’re here to help you take the next step with confidence.

Contributor: Alex Adeyemo, Consultant Family Solicitor

The cost of a family solicitor depends on the type and complexity of the issue you’re dealing with. For simpler matters, such as drafting an agreement, fees may be relatively modest. More complex cases, such as contested divorces or disputes involving children or finances, typically involve more time and specialist advice, which can affect the overall cost.

At Leonard Solicitors LLP, we believe in clear, transparent pricing. We’ll explain our fees upfront and, where possible, offer fixed-fee options so you know exactly what to expect. You can view a detailed breakdown of our family law fees here.

In certain circumstances, such as cases involving domestic abuse or care proceedings, you may be eligible for Legal Aid. We’ll always tell you if this applies and help you explore the best route forward for your situation.

If you’re unsure what level of support you need or how much it might cost, we’re happy to talk it through with you.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Legal aid is still available in some family law cases but only in limited situations, such as:

• Where there is evidence of domestic abuse or child abuse
• For care proceedings (involving social services)
• For non-molestation orders

If you think you might be eligible, we can help assess your situation and guide you through the process.

Contributor: Emily Borys, Trainee Solicitor

A pre-nuptial agreement, often called a “pre-nup”, is a written agreement made by a couple before they get married or enter a civil partnership. It sets out what should happen to their finances, property, and assets if the relationship ends in divorce or separation.

While pre-nups aren’t automatically legally binding in England and Wales, the courts do take them seriously, especially when the agreement is fair, both parties had independent legal advice, and full financial disclosure was made.

Couples often use a pre-nuptial agreement to protect specific assets such as a business, inheritance, or property owned before the marriage. It can also be useful in second marriages, where children from previous relationships are involved.

Our expert family solicitors work with couples to draft clear and balanced pre-nuptial agreements that reflect your wishes and give you greater peace of mind for the future.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Pre-nuptial agreements aren’t automatically legally binding in England and Wales, but they can carry significant weight in court, especially if certain key conditions are met.

For a pre-nup to be upheld by a judge, it must be:

• Freely entered into by both parties without pressure or duress
• Based on full financial disclosure from both sides
• Fair in its terms, meeting the needs of both parties and any children
• Signed well before the wedding (ideally at least 28 days before)
• Supported by independent legal advice for both people

While courts still have the final say during a divorce, pre-nups that meet these requirements are more likely to be respected and followed.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Pre- and post-nuptial agreements aren’t just for the wealthy. They’re a practical way for any couple to protect their finances and plan for the future with clarity.

You might consider one if:

• You own property or a business you want to protect
• You have children from a previous relationship
• You’ve received or expect to receive a significant inheritance
• There’s a financial imbalance between you and your partner
• You simply want to avoid uncertainty and conflict if things don’t work out

These agreements can help couples start their marriage with honesty, transparency, and mutual understanding, which often strengthens the relationship in the long run.

At Leonard Solicitors LLP, our family solicitors can help you explore whether a pre- or post-nuptial agreement is right for you and make sure it’s fair, clear, and tailored to your needs.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Since April 2022, the UK has introduced no-fault divorce, which means you no longer need to prove wrongdoing like adultery or unreasonable behaviour. Instead, one or both spouses simply state that the marriage has broken down irretrievably. This change aims to make the process less confrontational and more focused on moving forward, especially where children or finances are involved.

Contributor: Emilia Borys, Trainee Solicitor

A straightforward divorce usually takes around 6 to 8 months from start to finish. This can vary depending on how quickly paperwork is filed and whether there are disagreements over children or finances. The legal process itself includes a 20-week “cooling off” period before the conditional order (previously known as decree nisi), and a further 6-week wait before the final order (formerly decree absolute). We’ll keep things moving smoothly and keep you informed every step of the way.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Technically, you can apply for divorce yourself online, but many people find the process confusing, especially when it comes to finances or children. A solicitor ensures everything is done properly and helps protect your long-term interests. For example, without a formal financial order, your ex could make a claim against you years down the line. At Leonard Solicitors LLP, we make sure your divorce goes not just as quick as possible, but secure and fair too.

Contributor: Alex Adeyemo, Consultant Family Solicitor

A no-fault divorce is a legal process that allows a married couple to divorce without one person having to blame the other for the breakdown of the marriage. Introduced in England and Wales under the Divorce, Dissolution and Separation Act 2020, it came into effect on 6 April 2022 and modernised the way couples can separate.

This means you no longer need to cite adultery, unreasonable behaviour, or years of separation. Instead, one or both parties simply make a statement that the marriage has irretrievably broken down and that’s enough to start the process.

At Leonard Solicitors LLP, we guide clients through no-fault divorces with sensitivity and clarity. This approach can help reduce conflict, ease emotional strain, and make it easier to focus on important arrangements involving children or finances.

No-fault divorce is available to both opposite and same-sex married couples, and there is also a similar process for ending civil partnerships.

Contributor: Alex Adeyemo, Consultant Family Solicitor

The person who applies for the divorce (known as the applicant) usually pays the court fee, which is currently £612. However, it’s possible to agree that both parties share the cost, or that the other party contributes, most likely in joint or amicable divorces.

In some cases, the applicant can ask the court to order the other party to pay the costs, but this is less common under the new no-fault divorce system, which is designed to reduce blame and conflict.

As specialist Divorce Lawyers, we’ll help you understand your options and guide you through any cost-sharing arrangements that might be appropriate for your situation. In some cases, you may may be eligible for help with fees, depending on your income.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Yes, you can get divorced without going to court providing you both agree that the marriage has ended and there are no major disputes over children or finances.

The divorce process itself is now largely handled online through the HMCTS digital portal. There’s no need to attend court unless there are disagreements that require a judge’s decision – such as property division, child arrangements, or maintenance.

Our Divorce Solicitors guide clients through the entire process smoothly and efficiently, often without the need for any court hearings. If complications do arise, we’re here to fight your corner and keep things as stress-free as possible.

Contributor: Alex Adeyemo, Consultant Family Solicitor

The law doesn’t automatically favour one parent over the other. Instead, decisions about where a child lives and how much time they spend with each parent are based on what’s in the child’s best interest. Not who’s “right” or “wrong.”

Ideally, parents can agree on arrangements themselves. If not, the court may step in and make a Child Arrangements Order, which sets out where the child with live and when they’ll see each parent. The court encourages shared parenting where possible, as long as it’s safe and supportive for the child.

Our specialist Child Arrangements Solicitors help parents reach a fair, practical agreement and provide strong support if matters go to court. We’ll always keep your child’s interest at the heart of everything.

Contributor: Alex Adeyemo, Consultant Family Solicitor

A Child Arrangements Order is a legal document issued by the Family Court that sets out who a child lives with, spends time with, or has contact with. It’s used when parents can’t agree on arrangements themselves. The court will always focus on what’s in the child’s best interests.

At Leonard Solicitors LLP, we’ll guide you through the process and work to protect your relationship with your child.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Where a child lives is either agreed between the parents or decided by the Family Court in a Child Arrangements Order. The court’s priority is the child’s best interests, taking into account age and needs, the likely effect of any change, any risk of harm, each parent’s ability to meet the child’s needs, and the child’s wishes and feelings in light of their age and understanding. There is no presumption of 50/50 time and no automatic preference for one parent.

A Child Arrangements Order can say that a child lives with both parents (shared care), with time divided equally or unevenly, or that the child lives with one parent and spends time with the other through regular visits, overnights, holidays and calls. Practical factors such as distance, schooling and work patterns are always considered.

Working with an accredited Child Arrangements Solicitor helps parents reach practical, child-focused solutions through negotiation or mediation where possible – and provide firm representation if court involvement is needed.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Not without good reason. The court believes it’s usually best for children to have a relationship with both parents, unless there are serious concerns, such as abuse, neglect, or harm. If you believe contact is not safe or suitable, we can help you apply to the court for a Child Arrangements or Prohibited Steps Order, with clear evidence of your concerns. Your child’s safety will always come first.

Contributor: Emilia Borys, Trainee Solicitor

If you and your ex-partner can’t agree on where your child will live or how contact will work, there are steps you can take before going to court. Mediation is often the first option. It gives you both a chance to work through disagreements with the help of an independent professional.

If mediation doesn’t resolve things, either parent can apply to the Family Court for a Child Arrangements Order. The court will look at what’s best for the child, not what either parent wants. Factors like the child’s needs, their relationship with each parent, and any concerns about safety or wellbeing will all be considered.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Fathers in the UK have the same legal rights as mothers when it comes to making arrangements for their children, as long as they have parental responsibility. This means they have a say in important decisions about the child’s upbringing, including where they live, how often they see each parent, education, and medical care.

Most fathers automatically have parental responsibility if they were married to the child’s mother, or if they’re named on the birth certificate. If not, they can apply for it through the court.

The law recognises that it’s usually in a child’s best interest to have a relationship with both parents, and the courts do not automatically favour mothers over fathers.

At Leonard Solicitors LLP, we support fathers in securing fair and meaningful contact, whether through an agreement or a Child Arrangements Order.

Contributor: Alex Adeyemo, Consultant Family Solicitor

If you share parental responsibility, you usually can’t take your child abroad without the other parent’s permission, even for a holiday. Doing so without consent could be considered child abduction under UK law.

Provided you have a Child Arrangements Order stating that the child lives with you (including joint lives with orders), and the court hasn’t ordered otherwise, you can take them abroad for up to 28 days without the other parent’s permission as long as it doesn’t impact the time they are due to spend with the other parent.

If the other parent refuses permission and you don’t have this type of order, you’ll need to apply to the court for a specific issue order for permission to travel. The court will decide based on what’s in the child’s best interests.

Our specialist Child Arrangements Solicitors can help you navigate travel disputes and ensure you stay on the right side of the law while making arrangements that work for your family.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Child maintenance is usually calculated using a formula set by the Child Maintenance Service (CMS). It’s based on the paying parent’s gross income, and considers factors such as:

• How many children they’re paying for
• How many nights the children stay with them
• Whether they support other children in their household

There are different rates depending on income level, ranging from flat and reduced rates for lower incomes to the basic rate for those earning more. In most cases, payments are made directly between parents (a “family-based arrangement”), but the CMS can step in if needed.

Contributor: Alex Adeyemo, Consultant Family Solicitor

A financial settlement is the legal agreement that sets out how money, property, pensions, and debts will be divided when a married couple divorces. It can also include ongoing financial support, such as spousal maintenance.

Some couples reach an agreement themselves or through solicitors or mediation. Others may need help from the court. Either way, it’s important to make any agreement legally binding with a Financial Consent Order (otherwise known as a “clean break” order), as without one, claims can be made years later.

For advice and assistance on financial settlements, our Divorce Settlement Solicitors are your go to for fairness, protection of assets, and a secured future.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Yes. If you’ve reached a financial agreement during divorce, it’s strongly recommended that you apply for a Financial Consent Order. This is a legally binding court order that sets out how your money, property, and other assets will be divided. Without one, either party can make a financial claim years later, even after the divorce is final.  This can be much more problematic and expensive to resolve than it would have been at the time of divorce.  You would also have to disclose all your current financial circumstances to your ex-spouse and potentially those of any new partner.

A Consent Order gives you certainty and protects your future. It must be drafted correctly and approved by the court, even if you and your ex fully agree. If there are no assets to split, a “clean break” order can be used to confirm that neither party will make future claims.

At Leonard Solicitors LLP, we help draft and submit Consent Orders to make sure your agreement is fair, enforceable, and future proof.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Yes – pensions are considered part of the marital assets in a divorce and can be included in the financial settlement. This means you may be entitled to a share of your ex’s pension, even if the pension is in their name alone.

There are several ways pensions can be divided, including:

• Pension Sharing Orders, where a portion of one person’s pension is transferred to the other
• Pension Offsetting, where on person keeps more of the pension, while the other gets a larger share of other assets (like property)
• Pension Attachment Orders, where part of the pension is paid to the other person when it’s eventually drawn

Dividing pensions can be complex and often requires professional valuation. Our specialist Divorce Settlement Solicitors work closely with financial experts to ensure any settlement is fair and protects your long-term security.

Contributor: Alex Adeyemo, Consultant Family Solicitor

It is possible to protect your business during divorce, but it will usually form part of the overall financial settlement if it’s considered a marital asset. This doesn’t necessarily mean your ex will get a share of the business itself, but its value will be taken into account when dividing assets.

Courts aim for a fair outcome, not an equal split of each individual asset. In many cases, the business owner keeps control the business, while the other party receives a larger share of other assets, such as savings or property.

Our Family and Divorce Solicitors protect business owner’s continuity of their company while negotiating a settlement that is realistic, legally sound, and fair to both sides. We can also work with accountants and valuation experts if needed.

Contributor: Alex Adeyemo, Consultant Family Solicitor

No. Unmarried couples do not have the same legal rights as those who are married or in a civil partnership, even if they’ve lived together for many years. There’s no such thing as a “common-law marriage” in UK law.

This means that if an unmarried couple separates, they don’t have automatic rights to each other’s property, savings, or pensions. Legal ownership matters. So, if the family home is in one person’s name, the other may have no legal claim unless they can prove a financial interest (for example, through a TLATA claim).

It’s wise for cohabitating couples to consider a cohabitation agreement – a legal document that sets out what should happen if the relationship ends.

I’m a specialist in Family Law and Civil Litigation, which provides a rare edge in advising unmarried couples on their rights and I can help protect their interests. If you’re in this situation, or planning to move in together, get in touch today.

Contributor: Alex Adeyemo, Consultant Family Solicitor

A cohabitation agreement is a legal document that sets out what happens to your property, finances, and other responsibilities if you and your partner separate. It’s designed for unmarried couples who live together and want to clarify their rights in the absence of the legal protections that marriage provides.

You can include details like:

• Who owns what (e.g. property, savings, possessions)
• How bills and mortgage payments are shared
• What happens to the home if you break up
• Financial support or childcare arrangements

This agreement can help prevent future disputes, especially if one person contributes more financially or the property is in one partner’s name.

Contributor: Alex Adeyemo, Consultant Family Solicitor

When couples aren’t married or in a civil partnership, they don’t have the same rights to property as legally married partners do. Cohabiting partners do not automatically inherit ownership of the home in the same way married couples might.

In such cases, if ownership is disputed, you may be able to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TLATA). A TLATA claim allows you to argue that you have a legal or beneficial interest in the property, for example, if you contributed to mortgage repayments, repairs, or renovation costs.

At Leonard Solicitors LLP, we support unmarried couples with TLATA claims to establish property rights or negotiate an exit settlement. You can learn more about how property disputes between cohabitees are handled in our full guide to property rights and TLATA claims for unmarried couples.

Contributor: Alex Adeyemo, Consultant Family Solicitor

Care proceedings are legal cases started by the local authority (usually through social services) when there are serious concerns about a child’s safety or wellbeing. These proceedings take place in the Family Court and aim to decide whether a child is at risk of harm and what steps should be taken to protect them.

The local authority may apply for a Care Order or Supervision Order under the Children Act 1989. These orders can give social services the power to share or take over parental responsibility, for example, placing the child in foster care or with other family members.

If you’re a parent or carer involved in care proceedings, it can feel overwhelming. Our specialist Social Services Solicitors provide urgent, specialist legal support and will guide you through each step of the process – making sure your voice is heard, and your rights are protected.

Legal aid is usually automatically available for parents in care proceedings, regardless of income.

Contributor: Emilia Borys, Trainee Solicitor

A Care Order is a legal order made by the Family Court that gives the local authority (usually social services) shared parental responsibility for a child. This means they can make important decisions about the child’s welfare, including where the child lives and who they see.

Care Orders are only made when the court is satisfied that a child has suffered, or is at risk of suffering, significant harm. The order usually lasts until the child turns 18, unless the court ends it sooner.

Under a Care Order, the child may live:

• With foster carers
• In a residential home
• With a relative (under local authority supervision)

Parents still have rights, but the local authority takes the lead on major decisions.

Our experienced Social Services Solicitors provide clear advice and firm representation throughout care proceedings. We ensure your voice is heard and help you work toward the best outcome for you and your child.

Contributor: Emilia Borys, Trainee Solicitor

PLO stands for the Public Law Outline. It’s the process the local authority follows before starting care proceedings in court. If you’ve been invited to a PLO meeting, it means social services are very concerned about your child’s welfare and are considering going to court.

The PLO process gives you a chance to work with social workers to improve the situation and potentially avoid court altogether. You’ll receive a letter before proceedings, which outlines the concerns and invites you to a meeting with social services and a legal representative.

If you’ve received a PLO letter, you’re entitled to free legal advice. It’s important to get a solicitor involved straight away so your rights are protected, and you can understand what steps to take.

At Leonard Solicitors LLP, we regularly support parents during the PLO process. We’ll attend the meeting with you, explain what’s happening in plain English, and help you respond constructively to the concerns raised.

Contributor: Emilia Borys, Trainee Solicitor

A PLO meeting (Public Law Outline meeting) is your chance to work with the local authority and show that you’re willing to address their concerns before things go to court.

At the meeting, you’ll sit down with:

• A representative from the local authority (usually a social worker and their legal team)
• Your solicitor (who should attend with you, and their fees are covered by legal aid)

The local authority will explain the worries they have about your child’s safety or wellbeing. Your solicitor will respond on your behalf, advise you during the meeting, and help you agree on a plan of action. These are often called a written agreement or contract of expectations.

The goal is to avoid court by showing that the issues can be addressed with support.

Our Social Services Solicitors understand how intimidating these meetings can feel. We’ll stand firmly by your side, protect your rights, and help you take practical steps to keep your child safe and at home whenever possible.

Contributor: Emilia Borys, Trainee Solicitor

Social services may remove a child from their home if they believe the child is at immediate risk of serious harm. This is never done lightly and usually happens after ongoing concerns about a child’s safety or welfare. These often include issues around:

• Neglect
• Abuse
• Domestic violence
• Substance misuse
• Unsafe living conditions

In urgent situations, the local authority may apply to the court for an Emergency Protection Order (EPO) or an Interim Care Order. These allow them to remove the child temporarily while further assessments are made. In very rare cases, the police may also remove a child for up to 72 hours under emergency powers.

Even if social services have taken your child, you still have rights. You are entitled to legal representation, and you should receive clear reasons for what has happened. The local authority must continue to involve you in decision-making and explore whether the child can return home safely.

At Leonard Solicitors LLP, we understand how distressing and confusing this situation can be. Our experienced Family and Child Protection Solicitors are here to guide and support your through care proceedings, explain your options, and work with you to reunite your family.

Contributor: Emilia Borys, Trainee Solicitor

In most cases, you don’t have to let social services into your home unless they have a court order, or police are involved. However, if you refuse to cooperate, it may raise concerns about what you’re trying to hide, likely escalating the situation.

Social workers visit to check your child’s welfare and living conditions, especially if someone has raised concerns. While you can say no to a visit, it’s usually in your best interests to engage with them calmly and seek legal advice straight away.

If social services feel as child is at risk and they can’t assess the situation, they may apply to the court for an Emergency Protection Order or Child Assessment Order, which could give them the legal right to enter your home or remove your child.

Contributor: Emilia Borys, Trainee Solicitor

A non-molestation order is a type of injunction designed to protect someone from abuse, harassment, or threats from a partner or ex-partner. It’s a court order that tells the other person to stop certain behaviours, and breaching it is a criminal offence. If you’re in immediate danger, we can help you apply urgently, sometimes even on the same day. Your safety is our priority.

Contributor: Emilia Borys, Trainee Solicitor

If you’re in danger, you can often get legal protection the same day. The courts can grant an emergency Non-Molestation Order (to prevent threats, harassment, or violence) and, in some cases, an Occupation Order (to remove the abuser from the home) without the abuser being present.

To do this, you’ll need to make a statement outlining what’s happened and why you need urgent protection. A solicitor can help you prepare this quickly and submit the application to the family court.

Our experienced Domestic Abuse Solicitors takes these cases seriously. We act swiftly and discreetly to secure urgent court orders and ensure you’re supported throughout the process – emotionally, legally, and practically.

If you’re in immediate danger, call 999. For legal help, get in touch with us as soon as you can.

Contributor: Emilia Borys, Trainee Solicitor

Yes. If you’re experiencing or at risk of domestic abuse, you may be eligible for legal aid to help cover the cost of legal advice and court protection. This includes applications for Non-Molestation Orders, Occupation Orders, or urgent family law support.

To qualify, you’ll usually need to show:

• That your case meets the financial criteria (your income and savings will be assessed)
• That your prospects of obtaining the Order are reasonable based on our assessment

At Leonard Solicitors LLP, we are authorised to provide legal aid for domestic abuse cases and can help you apply quickly and confidentially. You don’t have to face this alone. We’re here to protect your rights and your safety.

Contributor: Emilia Borys, Trainee Solicitor

Not automatically, but they can be and often are. When the court grants a Non-Molestation Order, it becomes a legally binding order. If the person named in the order breaches it (for example, by contacting or threatening you), that breach is a criminal offence, and you should call the police immediately.

You don’t need to go through the police to apply for the order. Our Domestic Abuse Solicitors will make the application directly to the family court. However, once the order is in place, a copy is sent to your local police so they’re aware and can act quickly if it’s broken.

Contributor: Emilia Borys, Trainee Solicitor