02.04 / Topic 04 of 11
Family & Relationships
Marriage, divorce, children, wills and the 'common-law wife' myth.
Family law has changed a lot recently: no-blame divorce, a minimum marriage age of 18, and much stronger laws on domestic abuse.
- 15
- Essential laws
- 04
- Chapters
- 03
- Weird ones
- 01
- Busted myths
CHAPTER A · 05 LAWS
Couples
Getting married, living together and splitting up.
Giving notice to marry
You must give formal notice at a register office at least 28 days before a wedding or civil partnership.
What it means for youBook the notice appointment early. Both of you must have lived in the area for the last 7 days.
In practice
- Both of you give notice in person, with proof of identity and address.
- The ceremony needs two witnesses.
- Since 2021, couples sign a 'marriage schedule' instead of a register book.
Minimum marriage age: 18
Since 27 February 2023 nobody under 18 can marry or form a civil partnership, even with parental consent.
What it means for youOrganising or forcing a marriage of an under-18 is a crime, even if the wedding is abroad or not legally recognised.
In practice
- Arranging a child marriage is a criminal offence, including ceremonies that aren't legally binding.
- Scotland's minimum is still 16.
Cohabiting couples
There's no such thing as 'common-law marriage'. Couples who live together have far fewer rights than married ones.
What it means for youLiving together for years gives no automatic rights. Make wills, and consider a cohabitation agreement.
In practice
- If a partner dies without a will, the surviving cohabitant doesn't automatically inherit.
- There's no automatic right to maintenance or a share of the home if you split up.
- A will, a cohabitation agreement and joint ownership papers help protect you.
Prenuptial agreements
Prenups aren't automatically binding, but courts usually uphold one that's fair and freely agreed.
What it means for youFor the best chance of a court following it, sign at least 28 days before the wedding, with legal advice for both of you.
In practice
- A landmark Supreme Court case in 2010 gave prenups real weight.
- Both people should get independent legal advice and full financial disclosure.
- Sign it well before the wedding, not days before.
No-fault divorce
Since 6 April 2022 couples can divorce without blaming each other. You just state the marriage has irretrievably broken down.
What it means for youYou can apply online on GOV.UK, alone or jointly. Sort out money separately with a financial order.
In practice
- Can be applied for jointly or by one person.
- There's a minimum 20 weeks' reflection before the conditional order, then 6 weeks before the final order.
- The other spouse can no longer contest it, except on narrow grounds.
CHAPTER B · 04 LAWS
Children & parents
Responsibility, money, school and safety for children.
Children Act
When a court decides anything about a child's upbringing, the child's welfare is the paramount consideration.
What it means for youCourts expect parents to try mediation first. Agree arrangements yourselves if you can.
In practice
- Mothers have parental responsibility automatically; fathers if married to the mother or named on the birth certificate (births since Dec 2003).
- Courts follow a 'welfare checklist' including the child's own wishes.
- Wales banned all physical punishment of children in March 2022; England still allows a 'reasonable punishment' defence for mild smacking.
Child maintenance
Both parents must pay towards their child's living costs. Parents can agree it themselves or use the Child Maintenance Service.
What it means for youAgree it yourselves, or use the free Child Maintenance Service calculator to see what's fair.
In practice
- Payments usually continue until the child is 16, or 20 if in approved education.
- The service works out an amount based on the paying parent's income and nights the child stays.
- Its 'Collect and Pay' option adds fees, so many parents use 'Direct Pay' instead.
School attendance
Parents must make sure children get a full-time education from age 5 to 16, and young people in England stay in education or training until 18.
What it means for youTerm-time holidays can mean a fine of £80 per parent per child, rising to £160 if not paid within 21 days.
In practice
- Home education is legal, but must be 'efficient' and suitable.
- Taking children out of school without permission can lead to fines of £80 per parent per child, rising to £160 if not paid within 21 days.
- Staying in education until 18 can include an apprenticeship or part-time study alongside work.
Leaving children home alone
There's no legal minimum age, but it's an offence to leave a child alone if it puts them at risk.
What it means for youThe NSPCC advises that children under 12 are rarely mature enough to be left alone for long. Babies never.
In practice
- Parents can be prosecuted for neglect if a child is likely to suffer harm.
- The NSPCC advises that under-12s are rarely mature enough to be left for long.
- Babies and young children should never be left alone.
Domestic Abuse Act
Created a legal definition of domestic abuse covering physical, emotional, economic and controlling behaviour.
What it means for youIn danger? Call 999. If you can't speak, press 55 when prompted. Refuge's helpline is 0808 2000 247.
In practice
- Non-fatal strangulation became a specific offence.
- Controlling or coercive behaviour has been a crime since 2015.
- Courts can issue Domestic Abuse Protection Orders.
Clare's Law
You can ask the police whether a partner has a history of abuse or violence. Others can ask on your behalf.
What it means for youApply online or at a police station. Police will tell you if there's a risk, usually within 35 days.
In practice
- Officially called the Domestic Violence Disclosure Scheme.
- There's a 'right to ask' and a 'right to know', where police tell you proactively.
- Named after Clare Wood, who was murdered by her ex-partner in 2009.
CHAPTER D · 04 LAWS
Later life & death
Planning ahead, and what happens when someone dies.
Wills
A valid will must be in writing, signed, and witnessed by two people present at the same time.
What it means for youGetting married cancels an existing will in England and Wales. Write a new one after you marry.
In practice
- Getting married or forming a civil partnership automatically cancels an earlier will.
- If you die without a will, strict 'intestacy rules' decide who inherits, and an unmarried partner gets nothing automatically.
- A witness (or their spouse) can't inherit under the will they witnessed.
Lasting power of attorney
Lets you choose someone you trust to make decisions for you if you lose mental capacity in future.
What it means for youRegister it with the Office of the Public Guardian while you can. A will doesn't help while you're alive.
In practice
- There are two kinds: property and financial affairs, and health and welfare.
- It must be registered with the Office of the Public Guardian before it can be used.
- Without one, your family may have to apply to the Court of Protection, which is slower and costlier.
Inheritance tax
Tax of 40% is due on an estate above the tax-free threshold. Gifts to a spouse or civil partner are exempt.
What it means for youEach person can pass on £325,000 tax-free, plus up to £175,000 more if a home goes to children or grandchildren.
In practice
- The basic tax-free threshold is £325,000.
- An extra £175,000 can apply when a home is left to children or grandchildren.
- Gifts made more than 7 years before death are usually tax-free.
Registering births & deaths
A birth must be registered within 42 days, and a death normally within 5 days.
What it means for youBook with your local register office. A death certificate is needed before a funeral can go ahead.
In practice
- Births are registered at the local register office, where you get the birth certificate.
- Unmarried fathers are named on the certificate if both parents register together, or with a declaration.
- Since September 2024, every death is reviewed by an independent medical examiner before registration.
NOTES
Did you know?
NOTE 01There's no such thing as 'common-law marriage' in England & Wales. Living together, however long, doesn't give you the rights of a spouse.
NOTE 02Same-sex marriage became legal in England & Wales in 2014; the first weddings took place just after midnight on 29 March.
TAP A CARD TO REVEAL