Family Law Comparative Guide

• Published date: 06 August 2025
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Mills & Reeve
• Author: Ms Nicola Rowlings and Zoe Fleetwood

1 Legislative framework

1.1 Which main sources of laws and regulations govern matrimonial and family law matters - including, but not limited to, divorce, judicial separation, children's matters and financial matters arising from the breakdown of marriage - in your jurisdiction?

The legal system of England and Wales is founded on common law, without a codified system. Family law is detailed in Acts of Parliament and interpreted by the Family Court to establish legal precedents.

The Matrimonial Causes Act 1973 governs divorce and financial proceedings. The Children Act 1989 is the main statute concerning children's upbringing and welfare.

Other significant laws include:

• the Domicile and Matrimonial Proceedings Act 1973, which addresses jurisdiction disputes within related jurisdictions of England and Wales, Scotland, Northern Ireland, Jersey, Guernsey Alderney, Sark and the Isle of Man;
• the Matrimonial and Family Proceedings Act 1984, Part III which relates to financial relief in England and Wales following an overseas divorce;
• the Family Law Act 1986, which focuses on jurisdiction and recognition of orders;
• the Child Support Act 1991, which relates to statutory child maintenance;
• the Family Law Act 1996, Part IV, which relates to family homes and domestic violence;
• the Civil Partnership Act 2004, which allows same-sex couples to form registered civil partnerships;
• the Marriage (Same Sex Couples) Act 2013, which allows same-sex couples to marry;
• the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which allows opposite-sex couples to enter into civil partnerships;
• the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce; and
• the Domestic Abuse Act 2021, which relates to domestic abuse and protection of victim survivors.

1.2 Which bilateral or multinational instruments have application in this regard in your jurisdiction?

The United Kingdom left the European Union on 31 January 2020 and is no longer an EU member state. Consequently, the Brussels IIbis Regulation (EC) 2201/2003 and the Maintenance Regulation (EC) 4/2009 have been repealed in the United Kingdom.

The United Kingdom has ratified several international family law conventions, including:

• the Hague Child Abduction Convention 1980;
• the Hague Child Protection Convention 1996; and
• the Hague Maintenance Convention 2007.

The United Kingdom is not a party to the Lugano Convention 1988. After Brexit, the United Kingdom's application to join the Lugano Convention was blocked by the EU.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations in your jurisdiction? What powers do they have? What is the general approach of these bodies in enforcing the applicable laws and regulations?

On 22 April 2014, the Single Family Court replaced the previous three tiers of court structure (Family Proceedings Court, County Courts, High Court).

The Family Court handles all family cases except for:

• cases invoking the inherent jurisdiction of the High Court whether related to:
• • children (wardship); or
  • incapacitated or vulnerable adults; and
• international cases involving certain applications for relief under either:
• • the Hague Child Abduction Convention 1980; or
  • the Hague Child Protection Convention 1996.

The judiciary of the Family Court consists of:

• High Court judges;
• circuit judges;
• recorders;
• district judges (including district judges of the magistrates' court);
• magistrates; and
• legal advisers (justices' clerks).

The family jurisdiction of the Court of Appeal and Supreme Court remains unchanged.

1.4 Can foreign judgments and orders be enforced in your jurisdiction and if so how?

The English courts typically enforce foreign judgments and orders and decline to do so only in exceptional situations.

Foreign judgments can be enforced by the English courts through various methods, depending on which country the judgment comes from. If both countries are part of a bilateral or multilateral enforcement treaty, a simplified registration regime may apply - for the United Kingdom, this mainly means:

• the Hague Convention on Choice of Court Agreements 2005;
• the Administration of Justice Act 1920; and
• the Foreign Judgments (Reciprocal Enforcement) Act 1933.

However, if no such regime applies, a foreign judgment can be enforced under common law rules.

Once a judgment or order is recognised in England and Wales, further action is often then required to enforce the judgment or order. Similar to judgments originating in England and Wales, the judgment or order still needs to be enforced. There are several enforcement mechanisms available depending on the circumstances, including:

• third-party debt orders (often used against bank accounts);
• charging orders over property;
• seizure of goods; or
• initiation of insolvency proceedings.

2 Jurisdiction

2.1 What are the jurisdictional requirements for the domestic courts to handle matrimonial and family law matters? How do the parties satisfy the courts of such requirements?

Divorce: The court can deal with divorce proceedings only where one or more of the following criteria applies (section 5 of the Domicile and Matrimonial Proceedings Act 1973):

• Both spouses are habitually resident in England and Wales;
• Both spouses were both last habitually resident in England and Wales and one of them continues to reside there;
• The respondent is habitually resident in England and Wales;
• On a joint application, either spouse is habitually resident in England and Wales;
• The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application is made;
• The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application is made;
• Both spouses are domiciled in England and Wales; or
• Either spouse is domiciled in England and Wales.

Same-sex marriage: The jurisdictional criteria for bringing divorce proceedings for same-sex couples are set out at:

• paragraph 2, Schedule A1 of the Domicile and Matrimonial Proceedings Act 1973; and
• Regulation 2 of the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014 (SI 2014/543).

The criteria are virtually the same as for opposite-sex divorce, except that "either spouse is domiciled in England and Wales" is not included.

If none of the jurisdictional criteria under the Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations applies, the courts of England and Wales may still have jurisdiction if:

• either spouse is domiciled in England and Wales on the date on which the divorce proceedings begin in court; or
• the couple married each other under the law of England and Wales and it appears to the court to be in the interests of justice to assume jurisdiction in the case.

These residual grounds of jurisdiction can be used by same-sex couples who may be habitually resident in a country that does not recognise their relationship, meaning that they cannot divorce there.

Civil partners: The jurisdictional criteria for bringing proceedings to dissolve a civil partnership are set out at:

• Sections 219 and 221 of the Civil Partnership Act 2004 and
• Regulation 4 of the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005 (SI 2005/3334).

The criteria are virtually the same as for opposite-sex divorce, except that "either spouse is domiciled in England and Wales" is not included.

However, if none of the jurisdictional criteria under the Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations applies, the courts of England and Wales may still have jurisdiction if:

• either civil partner is domiciled in England and Wales on the date on which dissolution proceedings begin in court; or
• the couple are registered as civil partners of each other in England or Wales and it appears to the court to be in the interests of justice to assume jurisdiction.

This last ground covers the situation where civil partners who are originally from another country registered their civil partnership in England and Wales when living in the jurisdiction and then moved to a country where civil partnerships are not recognised.

Property: For married couples, the court's ability to hear a financial claim depends on whether it has jurisdiction to hear an application for divorce (section 24 of the Matrimonial Causes Act 1973).

For unmarried cohabiting couples, claims can be brought under the Trusts of Land and Appointment of Trustees Act 1996 for:

• an equitable share in property owned solely by one party; or
• a declaration of the respective interests of co-owners where these are not expressly stated in title documents.

Claims are principally made either by:

• a person who is a trustee of land; or
• a person who has an interest in property subject to a trust of land.

For those looking to apply for financial provision for children (aged under 18) under Schedule 1 of the Children Act 1989, jurisdiction is predominantly based on the habitual residence or domicile in England and Wales on the date of the application of:

• a parent of the child;
• a guardian or special guardian of the child;
• a person named in a child arrangements order as a person with whom the child is to live; or
• the child.

Finally, for the court to hear financial claims after a foreign divorce under Part III of the Matrimonial and Family Proceedings Act 1984, broadly the application must meet one of the following requirements:

• Either party is, on the date of the permission application, or was, on the date on which the foreign divorce, annulment or legal separation took effect in the overseas country, domiciled in England and Wales;
• Either party was habitually resident in England and Wales throughout the period of one year ending with:
• • the date of the permission application; or
  • the date on which the foreign divorce, annulment or legal separation took effect in the overseas...