What Is Family Law

If you are searching for answers to ‘what is family law?’, the expert family law team at Birch & Co is perfectly placed to assist.

Family law is one of the most important areas of legal practice. It is also one of the most sensitive. It governs the relationships that shape our everyday lives, from marriage and separation to parenting and financial security. When family circumstances change, the legal consequences can be significant and long-lasting. At Birch & Co Solicitors, we regularly support individuals and families who are seeking legal guidance and human support during challenging times.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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Understanding Family Law

Family law is the area of law that deals with legal issues arising from family relationships and domestic arrangements. In England and Wales, family law aims to provide a framework for resolving disputes fairly, protecting children and vulnerable individuals, and supporting fair outcomes to family legal issues.

While family law is governed by legislation and court decisions, it is also shaped by principles of fairness, welfare, and proportionality. Because family situations vary widely, the law allows flexibility so that outcomes can reflect individual circumstances.

At its core, family law is about balancing legal rights with human realities.

Common Family Law Issues

Family law and practice cover a wide range of issues. Some of the matters our family law solicitors encounter most often include the following:

Divorce And Civil Partnership Dissolution

One of the most well-known aspects of family law is divorce. Divorce legally ends a marriage, while similar procedures apply to the dissolution of a civil partnership.

Family law governs every aspect of a divorce or civil partnership dissolution, including the following:

The legal process for divorce or dissolution.
Timescales and procedural requirements.
Financial arrangements following separation.
What should happen to property.
Where any children should live and how they should split their time.
Ongoing responsibilities between former partners.

The introduction of no-fault divorce has changed how couples can bring a marriage to an end, aiming to reduce conflict and allow for a more constructive approach. However, divorce still raises important legal questions, particularly around finances and children, making informed legal advice essential.

Unmarried Couples

Family law also applies to couples who live together without marrying or entering a civil partnership. There is a common misconception that long-term cohabiting couples have the same rights as married couples, but this is not the case under English law.

For unmarried couples, family law governs pertinent issues including the following:

Ownership of property.
Financial claims following separation.
Arrangements for children.

Understanding the legal position early can help individuals protect their interests and avoid disputes. A solicitor can explain how family law applies to cohabiting relationships and what steps can be taken to provide clarity and give peace of mind, such as cohabitation agreements.

Children And Family Law

When a relationship ends, issues involving children are often the most stressful and hard-fought. The law places the welfare of the child at the heart of every decision affecting them.

Family law covers key matters relating to the children of a separating couple, such as the following:

Where a child should live.
Time spent with each parent and other key individuals.
Parental responsibility.
Education, healthcare, and major life decisions.

Courts actively encourage parents to reach agreements wherever possible, but legal guidance can be vital in helping parents understand their responsibilities and resolving disagreements constructively. Family law aims to promote stability and protect children’s wellbeing during times of change.

Financial Matters

When a couple separates, one of the key issues that must be resolved is how their assets should be shared. Decisions must be made about how assets and liabilities are divided and how future financial needs will be met.

Family law states the principles that apply to financial issues following a separation, including the following:

How assets, such as savings, investments, and business interests should be divided.
What should happen to liabilities.
What should happen to the family home and any other property.
How pensions should be dealt with.
Whether any spousal or child maintenance should be paid.

These matters are often incredibly complex, and they require careful consideration of not only the couple’s current needs, but also their likely future ones. A family law solicitor can help ensure that financial arrangements are fair, realistic, and legally sound.

Domestic Abuse

Family law plays a vital role in protecting individuals and children at risk of domestic abuse. Legal measures are available to help safeguard those at risk and provide stability during difficult circumstances.

Examples of some of the measures that can protect victims include the following:

Orders preventing harassment or intimidation.
Orders regulating who can live in the family home
Emergency court applications where safety is a concern

Access to legal advice is particularly important in these situations, as timely action is often essential. Family law recognises the need for sensitivity, confidentiality, and protection in cases involving abuse, and our solicitors act swiftly and decisively to protect our clients and their families.

Planning Ahead

Family law is not only about resolving disputes after relationships break down. It also plays an important role in planning for every eventuality and preventing disagreements.

There are a variety of measures a couple can put in place to protect their positions and reduce the risk of expensive, time-consuming disputes in the future. Examples of some of the most common agreements on which our family law solicitors frequently advise clients include the following:

Prenuptial agreements
Postnuptial agreements
Cohabitation agreements

These agreements allow couples to clarify financial arrangements and expectations, providing certainty and reducing the risk of future disputes. Family law supports informed planning that reflects both parties’ intentions and protects their interests.

Why Choose Birch & Co Solicitors?

At Birch & Co Solicitors, we have experience across all areas of family law. We understand that seeking legal advice can feel daunting, particularly when emotions are running high. Our approach is to provide clear, practical, and compassionate guidance tailored to your needs.