English family law
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English family law concerns the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
relating to family matters in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
.
Family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
concerns a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made. The UK is made up of three jurisdictions:
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
,
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
, and
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
. Each has quite different systems of family law and courts. This article concerns only England and Wales. Family law encompasses
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...
,
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
,
wardship In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient ...
,
child abduction Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians. The term ''child abduction'' includes two lega ...
and parental responsibility. It can either be
public law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
or
private law Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ...
. Family law cases are heard in the Family Justice System of England and Wales in both
county court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the hig ...
s and
family proceedings court {{CourtsEnglandWales In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that deal ...
s (
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
), both of which operate under codes of Family Procedure Rules. There is also a specialist division of the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
, the
Family Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
which hears family law cases.


Family relationships


Marriage and civil partnership

*
Civil Partnerships Act 2004 The Civil Partnership Act 2004 (c 33) is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civi ...
*
Marriage (Same Sex Couples) Act 2013 The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales. Background Civil partnerships were introduced in the United Kingdom in 2004, allowin ...


Divorce and dissolution

*
Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Reli ...
*
Children Act 1989 The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on t ...
*
Child Support Act 1990 A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person young ...
*
Divorce, Dissolution and Separation Act 2020 The Divorce, Dissolution and Separation Act 2020 (c. 11) is an act of the Parliament of the United Kingdom which amends existing laws relating to divorce to allow for no-fault divorce in England and Wales. The government held that the ch ...


Domestic violence

*
Family Law Act 1996 The Family Law Act 1996c 27 is an Act of Parliament of the United Kingdom governing divorce law and marriage. The law intends to modernise divorce and to shift slightly towards "no fault" divorce from the fault-based approach of the Matrimonial Ca ...
*
Protection from Harassment Act 1997 The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to ...
*
Children Act 1989 The Children Act 1989 is a United Kingdom Act of Parliament which allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on t ...


Property rights


Trusts of the family home


Property on separation


Children


Parental responsibility

*
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...


Child's upbringing


Children's rights


Child protection


Adoption


See also

*
English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...


Case law

Decisions of the Court of Appeal may be issued orally, in which case no report is usually made available to the public. Important or difficult decisions, however, are published on the internet both by the Court Service and by th
British and Irish Legal Information Institute
The cases cited here provide examples.

* ttps://web.archive.org/web/20040722061227/http://www.courtservice.gov.uk/judgmentsfiles/j2253/father%26mother.htm Wall judgment: A v A(Shared Residence, 4 February 2004)
Bracewell judgment: V v V
(Change of Residence, 20 April 2004) *Butler-Sloss: D v D (Shared Residence Order, 20 November 2000)
Re F (2003) EWCA Civ 592
18 March 2003. (Case of shared residency, father in Hampshire, mother moved to Edinburgh) * Miller v Miller (Short marriage, no children, rich husband)
Piglowska v. Piglowski
(Runaway costs)
Clayton v Clayton 2006
(An appeal against injunctions preventing a father from publishing matters concerning his daughter. The appeal was allowed, the injunction quashed and a Prohibited Steps Order imposed.)


Statutory Instruments

Statutory Instruments contain the rules that lay down court procedure. They frequently cross-reference each other, though many refer to th

which came in with the Children Act 1989. The list below contains many of the Statutory Instruments that have a bearing on family law, which are available from the
Office of Public Sector Information The Office of Public Sector Information (OPSI) is the body responsible for the operation of His Majesty's Stationery Office (HMSO) and of other public information services of the United Kingdom. The OPSI is part of the National Archives of the Un ...
.
The Family Proceedings Rules 1991
Statutory Instrument 1991 No. 1247 (L.20)

Statutory Instrument 1991 No. 1991 (L.32)

Statutory Instrument 1992 No. 456 (L.1)

Statutory Instrument 1993 No. 627 (L. 8)

Statutory Instrument 1994 No. 2890 (L.17)

Statutory Instrument 1997 No. 788 (L. 18)

Statutory Instrument 1999 No. 1012 (L. 9)

Statutory Instrument 1999 No. 3491 (L. 28)

Statutory Instrument 2001 No. 615 * ttp://www.opsi.gov.uk/si/si2001/20010778.htm The Family Proceedings Courts (Family Law Act 1986) Rules 2001Statutory Instrument 2001 No. 778 (L. 14)
The Family Proceedings (Amendment) Rules 2001
Statutory Instrument 2001 No. 821 (L. 18)

Statutory Instrument 2001 No. 1255

Statutory Instrument 2003 No. 184 (L. 2)

Statutory Instrument 2004 No. 2035

Statutory Instrument 2003 No. 2839 (L. 35)

Statutory Instrument 2003 No. 645 (L. 12)

Statutory Instrument 2003 No. 719 (L. 19)

Statutory Instrument 2004 No. 3114 (L. 21)

Statutory Instrument 2005 No. 184

Statutory Instrument 2005 No. 264

Statutory Instrument 2005 No. 467

Statutory Instrument 2005 No. 559 (L. 11)

Statutory Instrument 2005 No. 1976 (L. 18 )

Statutory Instrument 2005 No. 1977 (L. 19)

Statutory Instrument 2005 No. 2795 (L. 22)

Statutory Instrument 2005 No. 2921 (L. 25)

Statutory Instrument 2005 No. 2922 (L. 26)

Statutory Instrument 2005 No. 3336
The Family Proceedings Fees (Amendment No. 2) Order 2005
Statutory Instrument 2005 No. 3443 (L.29)


Notes


References

*J Herring et al. (eds), ''Landmark Cases in Family Law'' (2011)


External links

* {{English law types