Family Law Advice – What It Covers and What It Doesn’t

Family Law Advice – What It Covers and What It Doesn’t

Family law is a specialised area of legal practice that deals with matters related to family relationships. If you are seeking family law advice, it is helpful to understand what issues fall under this category.

Family law covers a broad spectrum of matters, from divorce and child arrangements to financial settlements and domestic abuse protections. However, not all legal matters involving family members are considered family law. For example, a dispute over property between two brothers would fall under other areas of civil law and not family law. In this blog, we explore what family law covers and highlight cases that are considered civil matters rather than family law disputes.

What Family Law Covers

Family law in England and Wales includes the following key areas:

1. Divorce and Separation

• The legal process of ending a marriage or civil partnership.
• No-fault divorce, which allows couples to separate without placing blame on one another.
• Judicial separation for those who wish to separate but not divorce legally.
• Annulments for marriages deemed legally invalid.

2. Financial Settlements in Divorce or Separation

• Division of assets, including property, savings, and investments.
• Spousal maintenance (financial support paid by one spouse to another post-divorce).
• Pension sharing and arrangements.
• Consent orders to make financial agreements legally binding.

3. Child Arrangements

• Determining where children will live and how much time they will spend with each parent.
• Specific arrangements for holidays, schooling, and healthcare decisions.
• Parental responsibility, which determines legal rights and obligations towards a child.
• Grandparents’ rights, including seeking permission to apply to court to see your grandchildren.

4. Domestic Abuse and Protection Orders

• Non-molestation orders to prevent harassment and abuse.
• Occupation orders, determining who can live in a family home.
• Protective measures to ensure the safety of victims of domestic abuse and children.

5. Mediation and Alternative Dispute Resolution

• Mediation Information and Assessment Meetings (MIAMs) as a legal requirement before court proceedings.
• Family mediation to help couples resolve disputes amicably.
• Parenting plans and financial agreements reached through mediation.

What Family Law Does NOT Cover

Despite its broad scope, family law does not cover all disputes involving family members. Some legal matters fall under civil or probate law instead.

1. Disputes Over a Will or Inheritance

• If siblings or other relatives argue over the distribution of an estate, this falls under probate law.
• Claims regarding the validity of a will or inheritance disputes are typically handled by the civil courts.
• The Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members to challenge a will, but this is a civil law matter.

2. Cohabitation Disputes (if Unmarried)

• Unmarried couples do not have the same legal protections as married couples.
• Disputes over property ownership and financial matters between unmarried partners fall under property and trust law rather than family law, called TOLATA.
• Cohabitation agreements can be used to formalise arrangements, but these are governed by contract law.

3. Business Disputes Between Family Members

• If family members are in a business dispute, this is a commercial or contract law issue rather than a family law matter.
• Resolving issues such as partnership agreements, shareholder disputes, or breach of contract would require commercial litigation.

4. Neighbour or Boundary Disputes Involving Family Members

• Disagreements over land, property boundaries, or access rights are covered by property law, even if the dispute is between relatives.

5. Criminal Matters Involving Family Members

• Cases of assault, theft, or fraud between family members are criminal matters handled by the police and the Crown Prosecution Service (CPS), not family courts.

Seeking the Right Legal Advice

Understanding whether your dispute falls under family law or another legal category is important for finding the right resolution. At Mediate UK, we specialise in family mediation and can help with disputes related to divorce, separation, child arrangements, and financial settlements. If your issue falls outside family law, we can refer you to legal professionals who specialise in the relevant area.

Next Steps

We are unable to provide specific legal advice, but we can explain how family mediation can assist you. If you need support with a family law matter, book a free 15-minute consultation with our team today. You can also call us on 0330 999 0959 or email us at admin@mediateuk.co.uk. Let’s work together to find the best way forward for you and your family.