A respondent in a University of Manchester study detailed her experience of spending years in a controlling marriage, but when she finally found the courage to leave, she was faced with another battle – the family courts. She didn’t know that she had legal rights to stay in her home or that she could apply for financial support. Her experience isn't unique. The same study sheds light on the ways in which the process can often feel hostile and traumatic, and for women such as these, knowing their legal rights can make all the difference.
While the struggles women face in family law are ongoing, International Women’s Day on Saturday, 08 March, serves as a reminder there is still much work to be done in achieving gender equality. This year's theme, ‘Accelerating Action,’ urges us all to push for progress - including in areas like family law, where women can often face unfair challenges. We believe that knowledge is empowering, and that when you understand your rights and seek professional legal advice, you can accelerate your path to a fair outcome.
Understanding Your Legal Rights in Family Law
Women facing family disputes are often at a disadvantage, but the law provides essential protections to ensure fairness and safety.
Divorce Rights and Financial Settlements: You have the right to apply for divorce either alone or together with your spouse. Even if your name is not on the property deed, you may still have Home Rights allowing you to remain in the family home until the marriage is legally dissolved, offering some security in what can be an emotionally and financially difficult time. However, this does not apply to all partnerships; only someone separating from a marriage or civil partnership can be eligible for Home Rights.
When it comes to financial settlements, both parties are required to disclose their assets, which may include savings, pensions and property. Courts aim to divide assets in a reasonable manner, considering factors like income, contributions to the marriage and the needs of any children. Seeking professional legal advice ensures a fair share of assets and financial support post-divorce.
Domestic Violence Injunctions and Court Orders: If you are experiencing domestic abuse, you’re entitled to legal protection through domestic violence injunctions. These court orders are designed to ensure safety by preventing the abuser from continuing harmful behaviour. Importantly, no police report is required to obtain these orders, meaning you can take steps to ensure your safety without the involvement of law enforcement if preferred.
In addition to injunctions, there are several other protections available to you:
- Non-Molestation Orders
A non-molestation order can prevent your abuser from harassing, threatening or contacting you. These orders can also include provisions to protect your children from harm - Occupation Orders
If you’re living with an abuser, an occupation order can require them to leave the family home or prevent them from returning. This order can also grant you the legal right to remain in the family home. - Child Arrangements and Supervision:
If there is a concern that your children might be at risk due to the abuser’s behaviour, you can seek to have their contact with them restricted or supervised, where an independent professional supervises visits. - Prohibited Steps Orders:
This is a court order that can prevent the abuser from taking certain actions, such as removing the children from the country, changing their school or making other significant decisions without your consent.
Child Arrangements: When parents separate, the family courts work to make sure decisions are made with the child’s best interest in mind. For mothers, this can mean fighting for custody or ensuring they maintain an active role in their child’s life.
You have the legal right to apply for child arrangements, which determines where the child will live or spend time. While shared care is common, mothers often seek sole responsibility for living arrangements to ensure stability for their children, especially if there has been domestic abuse or conflict. The courts will consider several factors, including the child’s relationship with both parents, and in some cases the child’s wishes where they are old enough. If you don't want to go to court, mediation may be a viable alternative, where a neutral third party can help both parents come to an agreement.
What is Out-of-Court Resolution?
Out-of-Court resolution or non-court dispute resolution describes a process when settlement is achieved between parties without going through a court process. They provide a way to resolve issues such as divorce, financial settlements and child arrangements and may include mediation, the collaborative process or arbitration. They still require any settlement agreed to be approved by the court to make them binding, but this is done without the parties attending court. We strongly encourage the consideration of non-court dispute resolution as an alternative, offering the opportunity to move forward with a sense of reassurance.
Sometimes court proceedings are necessary. Where they are, the guidance of our experienced legal team can help women navigate the process with confidence, ultimately taking charge in making decisions that best suit their needs.
The Benefits of Finding Out-of-Court methods of achieving resolution
In an ideal world, family law would always be straightforward, but for many, legal proceedings are anything but simple, and the emotional toll of going to court can be overwhelming. Fortunately, non-court dispute resolution is a more supportive alternative. Non-court resolution is quicker and more cost effective than traditional court proceedings; and help to limit impact of stress and preserve the emotional well-being of everyone involved.
What Role Can International Women’s Day Play in Empowering Women to Make Informed Legal Decisions in Family Disputes?
In reflecting on International Women’s Day, the aim is solely to empower women who may be facing family disruption, and who feel hesitant to act or are unsure where to start. Being informed about what your legal rights are and removing uncertainty is the first step towards resolution.
We aim to equip women with the knowledge they need not just when issues arise, but from the outset, before they face the frustration of hindsight. It’s more than just understanding the law – it’s about regaining control of your life and making informed decisions that can shape your future. So, take a moment this International Women’s Day to educate yourself, seek professional advice and equip yourself to move forward with the assurance that you have the rights to the life you deserve.
