Your Complete Guide to Family Law in Solihull

Last reviewed: 30th June 2026.

Key Points

● Pearcelegal's family solicitors in Solihull advise on the full range of matrimonial and family matters: divorce, separation, financial settlements, child arrangements, contact disputes, civil partnerships, cohabitation, prenuptial and postnuptial agreements, spousal maintenance, grandparents' rights, and domestic abuse protection.

● The Divorce, Dissolution and Separation Act 2020 replaced the old fault-based system. In 2023, 74.2 per cent of all divorces in England and Wales were granted under the no-fault process, up from 9.2 per cent in 2022.

● The Supreme Court's decision in Standish v Standish [2025] UKSC 26 confirmed that non-matrimonial property - assets brought into a marriage, inherited, or kept separate - should not automatically be shared on divorce.

● The government has confirmed plans to repeal the presumption of parental involvement from the Children Act 1989. Courts will no longer start from an assumption that contact with both parents is always in a child's best interests.

● Cohabiting couples are the fastest-growing family type in England and Wales yet have no automatic financial rights on separation. There is no such thing as a common-law marriage in English law, regardless of how long a couple has lived together.

Contents

1. What is family law?

2. The law has changed: what families in Solihull need to know

3. Divorce solicitors in Solihull

4. Separation agreements

5. Financial settlements and consent orders

6. Child arrangements and contact disputes

7. Civil partnerships

8. Cohabitation rights and agreements

9. Prenuptial and postnuptial agreements

10. Spousal maintenance

11. Grandparents' rights

12. Domestic abuse protection

13. Family law and estate planning

14. Practical guidance

15. Frequently asked questions

Pearcelegal is a family law firm in Solihull providing specialist matrimonial and family legal advice to individuals and families across the West Midlands. Our family solicitors advise on divorce, separation, financial settlements, child arrangements, civil partnership dissolution, cohabitation disputes, spousal maintenance, grandparents' rights, and domestic abuse protection. Whether your circumstances are straightforward or genuinely complex, you will work directly with an experienced family solicitor from our Solihull office throughout.

In 2023, the Office for National Statistics recorded 102,678 divorces and 1,138 civil partnership dissolutions in England and Wales. At the same time, cohabiting couples now represent 22.7 per cent of all couples in England and Wales - the fastest-growing family type in the country - yet they remain among the least legally protected on separation. The legal landscape for all of these clients has changed significantly since 2022.

Our family law team is led by Stephanie Howard, Director, Solicitor and Head of Department, supported by Nicholas Thomas and Hannah Smith. We offer a free initial 30-minute consultation by phone, video, or in person at our Solihull office. Call 0121 270 2700 or book an appointment online.

What is Family Law?

Family law is the area of English law that governs legal relationships within a family unit. It covers the formation, breakdown, and consequences of marriage and civil partnership under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004; arrangements for children under the Children Act 1989; financial protection for victims of domestic abuse under the Family Law Act 1996; and the property rights of cohabiting couples under the Trusts of Land and Appointment of Trustees Act 1996. A family solicitor in Solihull helps clients understand and enforce their rights under each of these frameworks, and negotiate or litigate where agreement cannot be reached.

The Law Has Changed: What Families in Solihull Need to Know

No-fault divorce came into force on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. Couples can now apply on the sole ground that the marriage has irretrievably broken down, without assigning blame. Joint applications are permitted for the first time. Despite predictions of a surge in divorce numbers, the underlying rate returned to pre-pandemic levels by 2023: 8.6 per 1,000 married men and 8.5 per 1,000 married women, rates not seen since the 1970s.

Financial remedy law was reshaped by Standish v Standish [2025] UKSC 26, handed down on 2 July 2025. The Supreme Court confirmed that the sharing principle applies only to matrimonial property. Assets that pre-date the marriage, were inherited, or were kept entirely separate are treated as non-matrimonial and do not automatically enter the sharing exercise on divorce. They only become available for division if the couple treated them as shared wealth during the marriage - a process the court calls matrimonialisation. The first pension-specific application came in BS v HC [2026] EWFC 20 (B), where approximately 55 per cent of the husband's pension was treated as matrimonial, resulting in a pension sharing order of 27.5 per cent.

Child arrangements law is also changing. The government confirmed in October 2025 that it will repeal section 1(2A) of the Children Act 1989, which had required courts to presume that a child's involvement with both parents would further its welfare. Courts now assess each case on its own facts, with the child's safety as the primary consideration. An estimated 3.8 million people experienced domestic abuse in England and Wales in the year ending March 2025, according to the ONS, and Practice Direction 12J is applied with increasing rigour in cases where abuse is alleged.

Our Family Law Services

Divorce Solicitors in Solihull

Divorce is the legal process that ends a marriage. It runs in parallel with, but separately from, the financial remedy process that divides assets, income, and pensions. Obtaining a final divorce order does not automatically resolve financial claims: without a consent order sealed by the court, an ex-spouse retains the right to bring financial claims against the other, potentially years later - please read our guide to whether a former spouse can bring a financial claim decades after divorce. This is one of the most common and costly misunderstandings among separating couples.

The Divorce, Dissolution and Separation Act 2020 replaced the five old fault-based grounds with a single statement of irretrievable breakdown (please see our guide to how no-fault divorce works in England and Wales). A conditional order follows 20 weeks after the application; the final divorce order can be applied for six weeks and one day after that. In Q1 2025, the average time from application to final order was 74 weeks, according to Ministry of Justice data. Once your final order is granted, you may need proof of your divorce for remarriage, financial, or administrative purposes - please see our guide to how to get a copy of your divorce certificate. Pearcelegal's divorce solicitors in Solihull handle applications under both the old and new legislation, advise on all financial remedy matters, and act in court where agreement cannot be reached.

Separation Agreements

A separation agreement allows a couple to formalise arrangements after separation without immediately beginning divorce proceedings. It can address finances, property, maintenance, and children's arrangements, and can later be incorporated into a consent order. It carries contractual weight and significantly reduces the scope for later disputes. Our team prepares separation agreements in Solihull tailored to each couple's specific circumstances, with advice on enforceability and how the agreement feeds into any future proceedings.

Financial Settlements and Consent Orders

A consent order, once approved by the court, creates a legally binding and final resolution to all financial claims. The court has wide discretion under section 25 of the Matrimonial Causes Act 1973 to redistribute assets, income, and pensions, with the welfare of any children under 18 as the first consideration. A clean break order severs all future financial claims permanently.

Since Standish v Standish [2025] UKSC 26, whether an asset is matrimonial or non-matrimonial has become a central and often contested question. Early advice on how assets were treated during the marriage can make a significant difference to the outcome. Pearcelegal's financial settlements team in Solihull advises on consent orders, pension sharing orders, clean break settlements, Mesher orders, and spousal maintenance.

Child Arrangements and Contact Disputes in Solihull

A Child Arrangements Order, made under section 8 of the Children Act 1989, specifies legally where children live and how much time they spend with each parent. The child's welfare is the court's paramount consideration, assessed against the statutory welfare checklist. Child contact disputes in Solihull family courts have risen: private law children cases increased by 12 per cent in Q1 2025 compared to the same quarter in 2024, according to the Ministry of Justice.

Pearcelegal's child law team in Solihull handles child arrangements orders, prohibited steps orders, specific issue orders, parental relocation applications, and cases involving international child abduction. The team has particular experience in cases involving children with disabilities or additional needs.

Civil Partnerships in Solihull

Civil partners have equivalent legal rights to married couples under the Civil Partnership Act 2004. Read our guide to what civil partnerships are and how they work for a full explanation of the rights, responsibilities, and registration process. Dissolution follows a parallel process to divorce under the 2020 legislation, and the courts exercise identical financial remedy powers. In 2023, the ONS recorded 1,138 civil partnership dissolutions in England and Wales. Pearcelegal's civil partnership solicitors in Solihull advise on dissolution proceedings, financial remedy, and pre-civil partnership agreements.

Cohabitation Rights and Agreements in Solihull

Cohabiting couples represent 22.7 per cent of all couples in England and Wales and are the fastest-growing family type in the country. Yet they have no automatic financial rights against each other on separation. There is no such thing as a common-law marriage in English law. Regardless of how long a couple has lived together, or whether they have children, neither party can claim a share of the other's assets simply on the basis of their relationship.

Property disputes between unmarried partners are resolved using the constructive trust principles developed in Stack v Dowden [2007] UKHL 17 and the Trusts of Land and Appointment of Trustees Act 1996. This route is slower and less flexible than the financial remedy process available on divorce. Pearcelegal advises on cohabitation agreements and rights in Solihull and declarations of trust. Early advice before purchasing property together is strongly recommended.

Prenuptial and Postnuptial Agreements in Solihull

Courts place substantial weight on nuptial agreements. The Supreme Court confirmed in Radmacher v Granatino [2010] UKSC 42 that a nuptial agreement should be upheld unless it would be unfair to hold a party to it at the time of the divorce. Following Standish v Standish [2025] UKSC 26, nuptial agreements are increasingly important for anyone entering a marriage with significant pre-marital assets, pension savings, an inheritance, or a business interest. Pearcelegal prepares pre and postnuptial agreements in Solihull, including advice on what is required for an agreement to carry maximum weight before a court.

Spousal Maintenance

Spousal maintenance is a regular payment made by one former spouse to the other following divorce where one party cannot meet their reasonable needs from their own resources. The court considers the paying party's means, the receiving party's needs, and the standard of living enjoyed during the marriage. Maintenance can be set for a fixed term - which encourages financial independence - or for joint lives. It can be varied or discharged if circumstances change significantly.

Joint lives maintenance orders have become less common as courts increasingly favour clean break settlements. However, in marriages of long duration where one party gave up a career to care for children or support the other's professional development, a maintenance award may remain appropriate. Pearcelegal's financial settlements team advises on maintenance applications in Solihull as part of the wider financial remedy process.

Grandparents' Rights in Solihull

Grandparents have no automatic legal right to spend time with their grandchildren under English law. Where a parent refuses contact, a grandparent must first apply to the court for permission to make an application under section 8 of the Children Act 1989 before any child arrangements order can be sought. Permission is usually granted where the grandparent has an established relationship with the grandchild and the application is genuinely in the child's best interests. Once permission is granted, the court applies the standard welfare checklist.

Applications by grandparents are more common following the breakdown of a parent's relationship, where contact with one side of the family has been disrupted. Pearcelegal's family team advises grandparents in Solihull on the permission process, the prospects of an application, and how to present evidence of their relationship with their grandchildren effectively.

Domestic Abuse Protection in Solihull

The Family Law Act 1996 provides two principal protective remedies: a non-molestation order, which prohibits abusive, threatening, or harassing behaviour; and an occupation order, which regulates occupation of the family home. Both can be obtained on an emergency basis without notifying the other party where immediate risk is established. The ONS estimated 3.8 million people aged 16 and over experienced domestic abuse in England and Wales in the year ending March 2025. Applications for domestic abuse protection orders reached 8,042 in Q1 2025.

Coercive control, introduced as a criminal offence by the Serious Crime Act 2015, carries the same evidential weight as physical violence in child arrangements cases. If you or your children are at risk, contacting Pearcelegal's family team early means an application can be prepared and submitted quickly.

Family Law and Estate Planning in Solihull

Separation and divorce have direct consequences for wills, pension nominations, life insurance, and lasting powers of attorney. A will made during a marriage is automatically revoked when a final divorce order is granted under section 18A of the Wills Act 1837. Without a new will, the estate passes under the intestacy rules. Life insurance and pension nomination forms operate outside the estate and pass directly to whoever is named, regardless of any will or consent order. Many separating clients do not update these nominations - in blended families and cases involving children from previous relationships, this can have serious unintended consequences.

Pearcelegal's wills, trusts, and probate team works alongside the family law team to ensure estate planning documents are reviewed as part of the separation process. Read our guide to protecting your children's inheritance in blended families for practical advice on the risks and how to address them. Updating a will, reviewing pension nominations, and considering a lasting power of attorney at the same time as the family law matter is both practical and cost-effective.

Practical Guidance for Clients in Solihull

The following points arise consistently in initial consultations with new clients. Acting on them early generally reduces both cost and stress.

Gather financial disclosure early. Both parties in any financial remedy process must provide full and frank disclosure of assets, income, pensions, and liabilities. Organising payslips, bank statements, pension cash equivalent transfer values, and mortgage statements before instructing a solicitor saves time and reduces fees.

Consider mediation before court. Mediation is not appropriate where domestic abuse is a factor, but for most financial and children disputes it produces faster, cheaper, and less adversarial outcomes. Courts expect parties to have attempted non-court dispute resolution before issuing proceedings in most private law cases. Government-funded Family Mediation Vouchers of up to £500 may be available.

Register your home rights if your name is not on the title deeds. Spouses and civil partners can register a notice at HM Land Registry using form HR1, preventing the owning spouse from selling or remortgaging the family home without their knowledge. Read our guide to matrimonial home rights to understand what protection is available and how to register it.

Take advice on pensions early. Post-Standish, whether a pension is matrimonial or non-matrimonial is a genuinely contested question. A cash equivalent transfer value should be obtained for every pension at the outset of financial remedy proceedings.

Update your will, pension nominations, and lasting powers of attorney as soon as separation begins. Failing to update these documents means assets may pass to an unintended recipient.

Frequently Asked Questions

How long does a divorce take in Solihull?

The earliest a divorce can be finalised under the Divorce, Dissolution and Separation Act 2020 is approximately six months from the date the application is issued: a 20-week waiting period before the conditional order and a further six weeks before the final order. In practice, the Ministry of Justice recorded an average of 74 weeks from application to final order in Q1 2025, because financial remedy proceedings run alongside and cause delays.

Will I need to go to court?

Most divorce and financial remedy cases are resolved without attending court. Where financial matters are agreed, the consent order is submitted to a judge on paper. Court hearings become necessary when parties cannot agree and one or both issues proceedings, or in contested children cases where safeguarding concerns require a fact-finding hearing.

How are assets divided on divorce in England and Wales?

The starting point under section 25 of the Matrimonial Causes Act 1973 is an equal division of matrimonial assets, adjusted by factors including the financial needs of both parties, the length of the marriage, contributions made, and the welfare of any children under 18. Following Standish v Standish [2025] UKSC 26, assets that are clearly non-matrimonial in origin may be excluded from the sharing exercise altogether, unless the couple treated them as shared property during the marriage.

Can my ex-partner stop me from seeing my children?

One parent cannot unilaterally stop the other from having contact with their children without a court order specifically prohibiting it. If contact has been withheld and agreement cannot be reached, an application for a Child Arrangements Order can be made under section 8 of the Children Act 1989. From October 2025, courts no longer apply a presumption that contact with both parents is in the child's interests; each case is assessed individually on its facts.

What rights do I have if I am not married to my partner?

Cohabiting couples have no automatic financial rights on separation. Property disputes can be brought using the principles in Stack v Dowden [2007] UKHL 17, but these proceedings are costly and uncertain. A cohabitation agreement and a declaration of trust where property is purchased together provide the most reliable protection for both parties.

Can grandparents apply for contact with their grandchildren?

Grandparents must first apply to the court for permission to make a section 8 application under the Children Act 1989 before any child arrangements order can be sought. Permission is usually granted where the grandparent has an established relationship with the grandchild and the application is genuinely in the child's best interests.

Contact Our Family Law Team in Solihull

Pearcelegal is a family law firm based in Solihull acting for clients across the West Midlands and beyond. We offer a free 30-minute initial consultation by phone, video, or in person at our Solihull office. To speak to a family solicitor, call 0121 270 2700, email info@pearcelegal.co.uk, or book an appointment online at a time that suits you.

About the Author

Stephanie Howard

Director, Solicitor and Head of Department - Family and Litigation, Pearcelegal

Stephanie Howard is a qualified solicitor and Director at Pearcelegal, where she heads the Family and Litigation Department. She advises on all aspects of family law, including matrimonial finance, divorce, child contact disputes, contentious probate, and debt recovery. Stephanie obtained her law degree and completed her postgraduate training in Leicester and has been with Pearcelegal since March 2014. She was made an Associate of the firm in April 2021, Head of Department in April 2025, and a Director in April 2026. Read Stephanie's full profile.

This article is for general information only and does not constitute legal advice. Family law matters are highly fact-specific and you should take professional advice tailored to your own circumstances before making any decisions. Pearcelegal Limited is authorised and regulated by the Solicitors Regulation Authority.