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Family law in England and Wales: prenups, protection and more

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Published:
October 1, 2026
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Family law in England and Wales explained: prenups and cohabitation rights, non-molestation orders, annulment, deed polls, adoption and special guardianship.
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October 1, 2026
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Short answer

Family law in England and Wales covers relationships, children and protection from abuse. Key points: prenups are not automatically binding but courts usually uphold fair ones, "common law marriage" does not exist, and you can apply for a non-molestation order on form FL401 with no court fee.

Are prenuptial agreements legally binding in the UK?

Not automatically. A prenuptial or postnuptial agreement cannot oust the court's power to decide finances on divorce. However, since the Supreme Court's decision in Radmacher v Granatino (2010), a court will give effect to an agreement that was freely entered into by each party with a full understanding of its implications, unless it would be unfair to hold them to it.

To give a prenup the best chance of being upheld:

  • sign it well before the wedding (at least 28 days is commonly recommended)
  • both give full financial disclosure
  • both take independent legal advice
  • make sure it meets both people's needs, especially if children are born

The government's A fairer end to relationships consultation (5 June to 14 August 2026) asked about making qualifying nuptial agreements binding. Nothing has changed in law yet.

What rights do cohabiting couples have?

Far fewer than married couples. There is no such thing as "common law marriage" in England and Wales, however long you live together or whether you have children. If you separate, there is no general right to maintenance for yourself or a share of your partner's pension, and ownership of property usually depends on whose name it is in and what you agreed or contributed.

If your partner dies without a will, you inherit nothing under the intestacy rules, although you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together for two years. Children are protected: both parents must pay child maintenance, and a parent can claim housing or lump sums for a child under Schedule 1 of the Children Act 1989.

A cohabitation agreement (living together agreement) records who owns what and what happens if you split up. Declaring your shares in a jointly owned home on a declaration of trust also helps. The government consulted in 2026 on new rights for cohabitants, but no reform is in force.

How do you get a non-molestation order or occupation order?

If you have been abused or threatened by a partner, ex-partner, family member or someone you live with, you can apply to the family court under the Family Law Act 1996 using form FL401. There is no court fee.

  • A non-molestation order stops someone using or threatening violence, harassing or intimidating you or your children.
  • An occupation order decides who can live in the family home, and can exclude the abuser from it or the surrounding area.

In urgent cases the court can make an order the same day without telling the other person first (a without notice order), with a later hearing. Breaching a non-molestation order is a criminal offence with a maximum of five years in prison. If you are in immediate danger, call 999.

The newer domestic abuse protection order (DAPO), created by the Domestic Abuse Act 2021, is so far only available in pilot areas, including Greater Manchester, Croydon, Bromley, Sutton, Cleveland and North Wales.

How do you annul a marriage or end a civil partnership?

Annulment (a nullity order) declares that a marriage was either never valid or can be set aside. A marriage is void if, for example, you are closely related, one of you was already married or in a civil partnership, or one of you was under 18 (for marriages from 27 February 2023). It is voidable if, for example, it was not consummated, or one person did not properly consent.

Unlike divorce, you do not need to wait a year, but most voidable grounds must be raised within 3 years of the marriage. The court fee is £628, the same as for divorce. A civil partnership is ended by dissolution, using the same no fault process as divorce, with the same 20 week and 6 week waiting periods and the same £628 fee.

How do you change your name by deed poll?

If you are 16 or over you can make an unenrolled deed poll yourself, for free, and use it straight away with banks and the passport office. If you are 18 or over you can instead enrol it with the High Court, creating a public record, for a fee of £53.05 (government fees can change so please check this figure). You do not need a deed poll to take a spouse's surname after marriage: your marriage certificate is usually enough.

To change a child's name you need the consent of everyone with parental responsibility, or a court order.

How do adoption, special guardianship and kinship care work?

You can adopt if you are 21 or over, with no upper age limit, and have had a permanent home in the UK for at least a year. Single people, married couples, civil partners, unmarried couples and a parent's partner can all adopt. Birth parents normally have to consent unless the court dispenses with consent. The court fee for an adoption order is £212.

A special guardianship order gives a relative or other carer parental responsibility for a child until they are 18, which they can exercise to the exclusion of the parents, without ending the legal link to the birth parents. You must usually give your local council 3 months' written notice before applying, and the court fee is £270.

Kinship care means a grandparent, relative or friend raising a child who cannot live with their parents. It can be informal, or formalised through a child arrangements order, special guardianship or kinship fostering, and the route affects your rights and any financial support from the council.

What are the key deadlines and time limits?

Time limits that often matter in these cases:

  • 28 days: the commonly recommended minimum gap between signing a prenup and the wedding.
  • 3 years: most voidable grounds for annulment must be raised within 3 years of the marriage.
  • 3 months: the notice you usually must give your local council before applying for a special guardianship order.
  • 6 months: the usual deadline to bring an inheritance claim as a cohabitant, running from the grant of probate or letters of administration.
  • Same day: a without notice non-molestation order can be made on the day you apply in an emergency.

What should you do next?

  1. Work out which issue you are dealing with: a relationship agreement, protection from abuse, a name change, or caring for a child.
  2. If you are in danger, call 999, then apply for a non-molestation or occupation order on form FL401 (no fee).
  3. If you are marrying or moving in together, gather details of your assets and debts so an agreement can be drafted with full disclosure.
  4. Check the GOV.UK guidance and court fee for your application, and whether you qualify for Help with Fees.
  5. Ask Libra to explain your position, for example what happens to a shared home if unmarried partners split up.
  6. For a prenup, cohabitation agreement, adoption or special guardianship, find a lawyer or clinic through Libra.

Frequently asked questions

Is common law marriage legally recognised in England and Wales?

No. Living together, for any length of time and even with children, does not give you the same rights as marriage or civil partnership. On separation there is no general right to maintenance or a share of property in your partner's name. A cohabitation agreement and a will are the main ways to protect yourself.

How much does a prenup cost and do we both need a solicitor?

There is no court fee for a prenup, but legal costs vary with complexity. For the agreement to carry weight, each of you should take independent legal advice and give full financial disclosure. Courts are much less likely to uphold an agreement signed under pressure or without advice.

How quickly can I get a non-molestation order?

In an emergency the court can make a without notice order on the same day you apply, without warning the other person. There will then be a further hearing where they can respond. There is no court fee for an FL401 application. Breaching the order is a criminal offence.

What is the difference between a non-molestation order and an occupation order?

A non-molestation order protects you and your children from violence, threats, harassment and intimidation. An occupation order deals with the home itself: who may live there, and whether someone must leave or stay away from the area. You can apply for both on the same FL401 form.

What is a postnuptial agreement?

A postnuptial agreement is like a prenup but made after the wedding or civil partnership. Courts treat it in the same way: it is not automatically binding, but a court will usually uphold it if it was freely entered into with full understanding and disclosure, and it would not be unfair to hold both of you to it.

Can a grandparent get a special guardianship order?

Yes. Relatives, including grandparents, are among those who can apply. You usually need to give the local council 3 months' written notice so it can prepare a report, and you may need the court's permission first. The court fee is £270 and the child's welfare is the deciding factor.

Can my partner make me leave our home if we are not married?

It depends on who owns or rents it. If it is in their sole name and you have no legal interest, they can ask you to leave, but they usually cannot change the locks or evict you without proper notice and process. If you have a beneficial interest or there are children, you may have claims.

Do I have a claim on my partner's house if I paid towards it but am not on the deeds?

Possibly. Unmarried partners have no automatic share, but you may have a beneficial interest through a trust if there was an agreement or common intention that you would share, for example through mortgage payments or major contributions. These claims are fact-specific and need evidence.

Can I get a non-molestation order without going to the police?

Yes. You can apply to the family court directly for a non-molestation order if you are being abused or harassed by someone you are associated with, such as a partner, ex-partner or family member. Police involvement is not required, though any evidence such as messages or reports will help.

Is a cohabitation agreement legally binding?

It is not automatically binding but is usually treated as a valid contract if properly made. A well-drafted agreement that both parties entered into freely, with full disclosure and ideally separate advice, is likely to be respected by the court when deciding ownership of property or contributions.

Can I change my child's name by deed poll if the other parent objects?

If the other parent has parental responsibility, their consent is generally needed. If they refuse, you can apply to the court for a specific issue order, and the judge will decide based on what is best for the child. Doing it without agreement can cause serious problems.

Can I get married or enter a civil partnership if I am under 18?

No. Since 27 February 2023 the minimum age to marry or enter a civil partnership in England and Wales is 18, with no exception for parental consent. Arranging a marriage for a child under 18 is a criminal offence, even if the ceremony is not legally binding.

Ask Libra

  • Can my unmarried partner make me leave our home?
  • Do I have a claim on my partner's house if I am not on the deeds?
  • Can I apply for a non-molestation order without the police?
  • Is a cohabitation agreement legally binding in England?
  • Can I change my child's name if the other parent objects?
  • What is the legal age to marry in England and Wales?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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Short answer

Family law in England and Wales covers relationships, children and protection from abuse. Key points: prenups are not automatically binding but courts usually uphold fair ones, "common law marriage" does not exist, and you can apply for a non-molestation order on form FL401 with no court fee.

Are prenuptial agreements legally binding in the UK?

Not automatically. A prenuptial or postnuptial agreement cannot oust the court's power to decide finances on divorce. However, since the Supreme Court's decision in Radmacher v Granatino (2010), a court will give effect to an agreement that was freely entered into by each party with a full understanding of its implications, unless it would be unfair to hold them to it.

To give a prenup the best chance of being upheld:

  • sign it well before the wedding (at least 28 days is commonly recommended)
  • both give full financial disclosure
  • both take independent legal advice
  • make sure it meets both people's needs, especially if children are born

The government's A fairer end to relationships consultation (5 June to 14 August 2026) asked about making qualifying nuptial agreements binding. Nothing has changed in law yet.

What rights do cohabiting couples have?

Far fewer than married couples. There is no such thing as "common law marriage" in England and Wales, however long you live together or whether you have children. If you separate, there is no general right to maintenance for yourself or a share of your partner's pension, and ownership of property usually depends on whose name it is in and what you agreed or contributed.

If your partner dies without a will, you inherit nothing under the intestacy rules, although you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you lived together for two years. Children are protected: both parents must pay child maintenance, and a parent can claim housing or lump sums for a child under Schedule 1 of the Children Act 1989.

A cohabitation agreement (living together agreement) records who owns what and what happens if you split up. Declaring your shares in a jointly owned home on a declaration of trust also helps. The government consulted in 2026 on new rights for cohabitants, but no reform is in force.

How do you get a non-molestation order or occupation order?

If you have been abused or threatened by a partner, ex-partner, family member or someone you live with, you can apply to the family court under the Family Law Act 1996 using form FL401. There is no court fee.

  • A non-molestation order stops someone using or threatening violence, harassing or intimidating you or your children.
  • An occupation order decides who can live in the family home, and can exclude the abuser from it or the surrounding area.

In urgent cases the court can make an order the same day without telling the other person first (a without notice order), with a later hearing. Breaching a non-molestation order is a criminal offence with a maximum of five years in prison. If you are in immediate danger, call 999.

The newer domestic abuse protection order (DAPO), created by the Domestic Abuse Act 2021, is so far only available in pilot areas, including Greater Manchester, Croydon, Bromley, Sutton, Cleveland and North Wales.

How do you annul a marriage or end a civil partnership?

Annulment (a nullity order) declares that a marriage was either never valid or can be set aside. A marriage is void if, for example, you are closely related, one of you was already married or in a civil partnership, or one of you was under 18 (for marriages from 27 February 2023). It is voidable if, for example, it was not consummated, or one person did not properly consent.

Unlike divorce, you do not need to wait a year, but most voidable grounds must be raised within 3 years of the marriage. The court fee is £628, the same as for divorce. A civil partnership is ended by dissolution, using the same no fault process as divorce, with the same 20 week and 6 week waiting periods and the same £628 fee.

How do you change your name by deed poll?

If you are 16 or over you can make an unenrolled deed poll yourself, for free, and use it straight away with banks and the passport office. If you are 18 or over you can instead enrol it with the High Court, creating a public record, for a fee of £53.05 (government fees can change so please check this figure). You do not need a deed poll to take a spouse's surname after marriage: your marriage certificate is usually enough.

To change a child's name you need the consent of everyone with parental responsibility, or a court order.

How do adoption, special guardianship and kinship care work?

You can adopt if you are 21 or over, with no upper age limit, and have had a permanent home in the UK for at least a year. Single people, married couples, civil partners, unmarried couples and a parent's partner can all adopt. Birth parents normally have to consent unless the court dispenses with consent. The court fee for an adoption order is £212.

A special guardianship order gives a relative or other carer parental responsibility for a child until they are 18, which they can exercise to the exclusion of the parents, without ending the legal link to the birth parents. You must usually give your local council 3 months' written notice before applying, and the court fee is £270.

Kinship care means a grandparent, relative or friend raising a child who cannot live with their parents. It can be informal, or formalised through a child arrangements order, special guardianship or kinship fostering, and the route affects your rights and any financial support from the council.

What are the key deadlines and time limits?

Time limits that often matter in these cases:

  • 28 days: the commonly recommended minimum gap between signing a prenup and the wedding.
  • 3 years: most voidable grounds for annulment must be raised within 3 years of the marriage.
  • 3 months: the notice you usually must give your local council before applying for a special guardianship order.
  • 6 months: the usual deadline to bring an inheritance claim as a cohabitant, running from the grant of probate or letters of administration.
  • Same day: a without notice non-molestation order can be made on the day you apply in an emergency.

What should you do next?

  1. Work out which issue you are dealing with: a relationship agreement, protection from abuse, a name change, or caring for a child.
  2. If you are in danger, call 999, then apply for a non-molestation or occupation order on form FL401 (no fee).
  3. If you are marrying or moving in together, gather details of your assets and debts so an agreement can be drafted with full disclosure.
  4. Check the GOV.UK guidance and court fee for your application, and whether you qualify for Help with Fees.
  5. Ask Libra to explain your position, for example what happens to a shared home if unmarried partners split up.
  6. For a prenup, cohabitation agreement, adoption or special guardianship, find a lawyer or clinic through Libra.

Frequently asked questions

Is common law marriage legally recognised in England and Wales?

No. Living together, for any length of time and even with children, does not give you the same rights as marriage or civil partnership. On separation there is no general right to maintenance or a share of property in your partner's name. A cohabitation agreement and a will are the main ways to protect yourself.

How much does a prenup cost and do we both need a solicitor?

There is no court fee for a prenup, but legal costs vary with complexity. For the agreement to carry weight, each of you should take independent legal advice and give full financial disclosure. Courts are much less likely to uphold an agreement signed under pressure or without advice.

How quickly can I get a non-molestation order?

In an emergency the court can make a without notice order on the same day you apply, without warning the other person. There will then be a further hearing where they can respond. There is no court fee for an FL401 application. Breaching the order is a criminal offence.

What is the difference between a non-molestation order and an occupation order?

A non-molestation order protects you and your children from violence, threats, harassment and intimidation. An occupation order deals with the home itself: who may live there, and whether someone must leave or stay away from the area. You can apply for both on the same FL401 form.

What is a postnuptial agreement?

A postnuptial agreement is like a prenup but made after the wedding or civil partnership. Courts treat it in the same way: it is not automatically binding, but a court will usually uphold it if it was freely entered into with full understanding and disclosure, and it would not be unfair to hold both of you to it.

Can a grandparent get a special guardianship order?

Yes. Relatives, including grandparents, are among those who can apply. You usually need to give the local council 3 months' written notice so it can prepare a report, and you may need the court's permission first. The court fee is £270 and the child's welfare is the deciding factor.

Can my partner make me leave our home if we are not married?

It depends on who owns or rents it. If it is in their sole name and you have no legal interest, they can ask you to leave, but they usually cannot change the locks or evict you without proper notice and process. If you have a beneficial interest or there are children, you may have claims.

Do I have a claim on my partner's house if I paid towards it but am not on the deeds?

Possibly. Unmarried partners have no automatic share, but you may have a beneficial interest through a trust if there was an agreement or common intention that you would share, for example through mortgage payments or major contributions. These claims are fact-specific and need evidence.

Can I get a non-molestation order without going to the police?

Yes. You can apply to the family court directly for a non-molestation order if you are being abused or harassed by someone you are associated with, such as a partner, ex-partner or family member. Police involvement is not required, though any evidence such as messages or reports will help.

Is a cohabitation agreement legally binding?

It is not automatically binding but is usually treated as a valid contract if properly made. A well-drafted agreement that both parties entered into freely, with full disclosure and ideally separate advice, is likely to be respected by the court when deciding ownership of property or contributions.

Can I change my child's name by deed poll if the other parent objects?

If the other parent has parental responsibility, their consent is generally needed. If they refuse, you can apply to the court for a specific issue order, and the judge will decide based on what is best for the child. Doing it without agreement can cause serious problems.

Can I get married or enter a civil partnership if I am under 18?

No. Since 27 February 2023 the minimum age to marry or enter a civil partnership in England and Wales is 18, with no exception for parental consent. Arranging a marriage for a child under 18 is a criminal offence, even if the ceremony is not legally binding.

Ask Libra

  • Can my unmarried partner make me leave our home?
  • Do I have a claim on my partner's house if I am not on the deeds?
  • Can I apply for a non-molestation order without the police?
  • Is a cohabitation agreement legally binding in England?
  • Can I change my child's name if the other parent objects?
  • What is the legal age to marry in England and Wales?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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