A Fairer End to Relationships? Government Consults on Major Family Law Reforms

The Government has launched its consultation, A Fairer End to Relationships, proposing some of the most significant changes in family law in decades. The consultation seeks to modernise the legal framework governing divorce, cohabitation, and inheritance with a view of bringing the law more in line with modern family life. 

One of the most notable proposals is the introduction of statutory rights for cohabiting couples in the event of their separation. Currently, despite a widespread belief to the contrary, there is no such thing as a “common law marriage” in England and Wales, leaving many unmarried couples with limited financial remedies on separation. The Government is consulting on a new framework that would provide eligible cohabitants with financial protections while maintaining a distinction between cohabitation and marriage. 

The consultation also considers reforming financial remedies on divorce by placing established legal principles such as “needs” and “sharing” into legislation. This could improve certainty, reduce litigation and help separating spouses better understand likely outcomes. In addition, the Government is seeking views on making qualifying pre-nuptial and post-nuptial agreements legally binding, subject to appropriate safeguards. 

A further propose would strength the position of surviving cohabitants where a partner dies without a will, addressing a long-standing gap in inheritance law. One of our Wills and Estate Planning Specialists, Liliana Tomasulo, explores this here.

Whilst these reforms remain at consultation stage, they signal a clear intention to modernise family law and provide greater protection for vulnerable individuals, particularly children, economically weaker partners and victims of domestic abuse. Family lawyers, separating couples, and cohabiting partners alike should watch developments closely as the outcome could reshape relationship rights for generations to come. 

The consultation ends on 14 August 2026. The documents can be found on the Government website, and you can share your thoughts here. 

If you are unsure about your legal position, and feel you would benefit from legal advice on your options, please get in touch via our contact page or contact our Family Law Department on 01295 204000.