The Biggest Review of Family Law in More Than 50 Years Could Change Everything
If you've ever assumed that divorce law in England and Wales was largely settled, think again.
In what many legal professionals are calling the most significant review of family law for more than half a century, the Government has launched its consultation, "A Fairer End to Relationships", exploring whether current laws still meet the needs of modern families.
The consultation, which runs until 14 August 2026, examines some of the most fundamental aspects of relationship breakdown, including:
- Financial settlements on divorce
- Rights for unmarried cohabiting couples
- Whether pre- and post-nuptial agreements should become legally binding
- Inheritance rights for cohabiting partners
- The impact of domestic abuse on financial outcomes
If these proposals ultimately become law, they could reshape how millions of couples plan their relationships, protect their assets and resolve disputes when relationships come to an end.
At Susan Howarth & Company Solicitors, we believe this is one of the biggest family law stories of the decade.
Why Is Reform Needed?
Family life has changed dramatically over the last 50 years.
According to the Office for National Statistics, there are now around 3.5 million cohabiting couple families in the UK—making them the fastest-growing family type. Yet despite this, many unmarried couples still have few legal protections if they separate or one partner dies.
At the same time, family structures have become increasingly diverse. Second marriages, blended families, later-life relationships and shared parenting arrangements are now commonplace.
However, much of the legal framework governing relationship breakdown still reflects a very different era.
The Government's consultation asks a simple but important question:
Does modern family law still reflect modern families?
The consultation document is available on the UK Government website here:
Financial Settlements Could Change
One of the most significant areas under review is how financial settlements are decided following divorce.
Currently, the courts have wide discretion when determining what is fair, taking into account factors such as:
- housing needs;
- income;
- pensions;
- contributions;
- children's welfare; and
- future earning capacity.
While flexibility allows judges to tailor decisions to individual families, it can also create uncertainty.
Many separating couples ask:
"What am I actually entitled to?"
The consultation considers whether greater clarity and consistency should be introduced, making outcomes easier to predict while still allowing fairness in exceptional cases.
For many families, this could reduce conflict, legal costs and uncertainty.
Could Prenups Finally Become Legally Binding?
Perhaps one of the most anticipated proposals concerns pre-nuptial and post-nuptial agreements.
Although courts increasingly uphold well-prepared agreements following the landmark Supreme Court decision in Radmacher v Granatino, they are not automatically legally binding in England and Wales.
The Government is now considering whether qualifying agreements should become enforceable by law.
If implemented, this would provide far greater certainty for couples who wish to make their own financial arrangements before or during marriage.
This could be particularly important for:
- business owners;
- second marriages;
- inherited wealth;
- farming families;
- professional practices.
Cohabitation: Will the "Common Law Marriage" Myth Finally End?
One of the consultation's biggest areas of focus concerns unmarried couples.
Despite widespread belief, there is no such thing as "common law marriage" in England and Wales.
Many people are surprised to discover that living together for years—or even decades—does not automatically give them the same legal rights as married couples.
The consultation explores whether long-term cohabiting couples should have access to limited financial remedies following separation, particularly where one partner has suffered financial disadvantage or sacrificed career opportunities to care for children.
If reform proceeds, it could provide much-needed protection while still recognising that cohabitation is not the same as marriage.
Domestic Abuse Could Play a Greater Role
The consultation also considers whether the courts should place greater emphasis on domestic abuse—including coercive and controlling behaviour —when deciding financial settlements.
This reflects growing recognition that abuse is not always physical.
Economic abuse, financial control and coercive behaviour can have lasting consequences long after a relationship ends.
Recent public discussion, including the international attention surrounding the case of Gisèle Pelicot, has highlighted wider conversations about how legal systems respond to abuse and its long-term impact.
The Government is seeking views on whether current financial remedy laws adequately reflect these realities.
Inheritance Rights May Also Change
Another important proposal concerns inheritance.
Currently, unmarried partners generally have no automatic right to inherit if their partner dies without a valid Will.
Many families only discover this after bereavement.
The consultation explores whether cohabiting partners should receive greater legal protection, particularly where they have lived together for many years or have children together.
Combined with wider cohabitation reform, this could significantly affect estate planning for millions of families.
What Does This Mean for Couples Today?
The key point is this:
Nothing has changed—yet.
The consultation is exactly that: a consultation.
Any reforms would still need to be considered, drafted into legislation and approved by Parliament before becoming law.
However, waiting for reform is rarely the best strategy.
Whether you are:
- getting married;
- moving in together;
- separating;
- divorcing;
- protecting family wealth; or
- planning for children,
the current law still applies today.
Taking legal advice now can help you make informed decisions based on the law as it stands, while preparing for future developments where appropriate.
Why Planning Ahead Matters
Legal reform often prompts people to think about issues they have been postponing.
Questions such as:
- Should we have a pre-nuptial agreement?
- Should we make a cohabitation agreement?
- What happens if we separate?
- Have we updated our Wills?
- Are our children financially protected?
There is rarely a perfect time to have these conversations—but having them early often provides the greatest peace of mind.
How We Can Help
Our highly experienced Family Law team understands that every relationship is unique.
Whether you’re planning your future together or facing the difficult decision to separate, we provide practical, compassionate advice tailored to your personal circumstances.
We can advise on:
- Divorce and separation
- Financial settlements
- Children matters
- Cohabitation agreements
- Pre- and post-nuptial agreements
- Domestic abuse
- Mediation and non-court dispute resolution
Free 30-Minute Family Law Appointment
If you have questions about how current law—or the proposed reforms—could affect you, why not speak to one of our experienced Family Law solicitors?
We offer FREE 30-minute appointments for all new Family Law clients, giving you the opportunity to discuss your circumstances in confidence and understand your options before making any decisions.
To arrange your appointment, contact our team today on 01606 48777.
This article is for general information only and does not constitute legal advice. For advice tailored to your circumstances, please seek professional legal guidance.
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