A Fairer End To Relationships: What The Proposals Could Mean For Families
The Ministry of Justice has consulted on some of the most substantial proposed family law reforms to family financial law in recent decades. The consultation, A fairer end to relationships, considered how the law deals with finances when a marriage, civil partnership or cohabiting relationship ends, and when an unmarried partner dies without a will.
The consultation is now closed. It ran from 5 June 2026 to 14 August 2026. It did not change the law, and the current legal framework still applies. The government will consider the responses before deciding whether to introduce legislation. Any future Act would need to pass through Parliament and then be brought into force.
For anyone separating, divorcing, dissolving a civil partnership, living with a partner, or planning for the future, the consultation remains important because it signals the direction in which family law may develop. Its proposals concern divorce finances, cohabitation, inheritance, domestic abuse and nuptial agreements.
By: Garry Steedman, Family Law Consultant
Legally reviewed by: Iblal Iqbal, Director, Kabir Family Law
Last reviewed: 2nd September 2026
Applies to England and Wales
Key Takeaways: Family Law Reforms
- The Ministry of Justice consultation, A fairer end to relationships, closed on 14 August 2026. It has not changed the law in England and Wales and is just seen as proposed family law reforms at presents.
- The consultation considers family law reforms to divorce and civil-partnership financial arrangements, financial provision for separating cohabitants, and inheritance rights for qualifying cohabitants.
- The family law reforms could make financial law more structured, particularly through statutory treatment of needs, sharing, matrimonial property and qualifying nuptial agreements. They remain proposals only.
- Cohabitants do not currently have the same overall financial framework as spouses or civil partners when they separate, and they do not automatically inherit if a partner dies without a valid will.
- If you are separating now, make decisions under current law. Check property ownership, obtain up-to-date financial information, review any will or agreement, and seek tailored legal guidance where needed.
- Where domestic abuse, economic abuse, housing insecurity or urgent concerns about children are involved, do not delay in obtaining support. Legal aid may be available in qualifying cases involving domestic abuse, subject to evidence and financial eligibility.
The Central Point Family Law Reforms: Current Law Still Applies
It is important not to confuse proposed reform with present rights.
If you are divorcing or ending a civil partnership, the court continues to apply the current statutory framework and existing case law when dealing with financial matters. If you are unmarried and separating, you do not currently have the same overall financial-remedies framework available on divorce. Property disputes may instead depend on legal ownership, trust principles and the evidence surrounding the parties’ intentions and contributions.
Similarly, an unmarried cohabitant does not currently inherit automatically if their partner dies without a valid will. That remains the position unless and until the law changes. The consultation may influence future legislation, but it should not be treated as a reason to postpone urgent decisions about housing, children, finances, personal safety, pension provision or a will.
Why The Government Consulted On Family Law Reforms
The Ministry of Justice brought three connected areas together because each concerns financial security at the end of a relationship:
- Financial remedies on divorce and dissolution of civil partnerships.
- Financial provision for cohabitants when they separate.
- Intestacy and financial provision for surviving cohabitants after death.
The consultation on family law reforms states that more than 3.5 million couples live together without marrying or forming a civil partnership. It identifies that the limited current protections for cohabitants can cause significant hardship, particularly for children and people who have experienced domestic or economic abuse.
The proposed reforms were intended to make the law clearer, more consistent and more accessible, while preserving a meaningful legal distinction between marriage, civil partnership and cohabitation.
Divorce Finances: Greater Clarity Proposed
Financial remedy law on divorce and civil-partnership dissolution is currently governed principally by the Matrimonial Causes Act 1973 and equivalent provisions for civil partners. The court considers the circumstances of each case, including the factors in section 25 of the 1973 Act.
Those factors include each person’s income, earning capacity, property, financial needs and responsibilities, the length of the relationship, the parties’ ages, any disability, contributions to the family and the welfare of children under 18. The court has a wide discretion because no two families have identical finances or needs.
The family law reforms consultation considered a “codification-plus” model. In broad terms, this would place established principles from case law into legislation, while also addressing areas where the law is viewed as uncertain. The government proposed an overarching objective of achieving a fair outcome through the established principles of needs and sharing.
The proposed approach would have treated matrimonial property as the starting point for equal sharing, unless an unequal outcome was needed to meet needs. It also considered statutory definitions for matrimonial and non-matrimonial property, alongside a more structured approach to assessing needs.
That does not mean a future law would create a universal 50/50 rule. The available assets, housing needs, pensions, income, health, contributions, children and other circumstances would remain important. In many cases, the central question is whether available resources can meet the family’s needs rather than how any surplus should be divided. For practical guidance based on the present law, see financial settlement after divorce, spousal maintenance and financial consent orders.
Cohabitation: The Biggest Proposed Change
Many people still assume that a couple becomes “common-law married” after living together for a certain number of years or having children. That is not correct.
Marriage and civil partnership create a legal financial framework on divorce or dissolution. Cohabitation does not currently create an equivalent framework. The fact that a couple has lived together for a long time, combined their finances or raised children does not itself give either person the same financial claims as a spouse or civil partner.
Where cohabitants separate, disputes about a property often turn on legal ownership and beneficial interests. A claim may involve the Trusts of Land and Appointment of Trustees Act 1996, usually known as TOLATA. The court’s role in a property dispute is fundamentally different from its role in divorce financial-remedy proceedings. It cannot simply redistribute assets because that would appear fair following the breakdown of a relationship.
The family law reforms consultation proposed a new statutory scheme for eligible cohabitants. It would be narrower than the scheme available on divorce and was not intended to make cohabitants legally equivalent to spouses or civil partners.
Under the proposed model, a couple could qualify if they had lived together for at least three years, or lived together and had a child together, provided they were in a long-term, committed and interdependent relationship. The proposed scheme would apply automatically to eligible couples, with an ability to opt out by agreement.
The suggested starting point was that each person should retain what they legally owned. The court could depart from that position where it was necessary to meet defined needs. The proposed remedies were similar in type to those available on divorce, but maintenance would be more restricted and generally time-limited. This is a potentially significant development, but it remains only a proposal. Current law has not changed.
If you are unmarried and living together, the practical issues to consider now include the ownership of your home, the size of each person’s contribution, whether there is a declaration of trust, how household finances are organised, pension nominations and what arrangements would apply if the relationship ended or one partner died. For current-law guidance, see cohabitation agreements and unmarried couple rights to property following separation.
Children And Financial Provision
The family law reforms consultation placed children’s welfare at the centre of the proposed reforms. It considered whether the court should treat a child’s welfare as the first consideration when dealing with financial needs on divorce, dissolution and eligible cohabitation claims.
Under current law, the routes available to unmarried parents are not the same as those available to divorcing spouses. Child maintenance may be agreed privately or dealt with through the Child Maintenance Service. In some circumstances, an application under Schedule 1 to the Children Act 1989 may provide financial support for a child, including housing or lump-sum provision in appropriate cases.
A Schedule 1 claim is for the benefit of the child. It does not create the wider financial framework available to a spouse on divorce.
Where children are involved, parents should avoid assuming that the end of their relationship automatically determines financial arrangements or child arrangements. The legal position will depend on the children’s needs, the family’s finances and the particular issues requiring resolution. For a more detailed explanation, visit Schedule 1 to the Children Act 1989 and child maintenance.
Cohabitants And Inheritance: Family Law Reforms
The family law reforms consultation also considered the difficult position of surviving cohabitants where a partner dies without making a valid will.
At present, an unmarried cohabitant has no automatic right to inherit under the intestacy rules merely because they lived with the person who died. This can be the position even after a long relationship or where the couple had children together.
A surviving cohabitant may, depending on the facts, be able to apply to the court for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. Such a claim is not automatic. It depends on eligibility, the evidence, the financial needs of the applicant, the size and nature of the estate, and the competing claims of other beneficiaries.
The government consulted on extending automatic intestacy rights to qualifying cohabitants, alongside reforms to the rules on administering an estate and possible changes to family-provision claims.
Until the law changes, unmarried couples should not assume that living together gives either partner inheritance rights. A valid will is one of the most important protections available. It is also sensible to review property ownership, pension death-benefit nominations, life-insurance arrangements and any provisions for children. For related guidance where separation and family wealth overlap, see inheritance and divorce and gifts, family money and inheritances on divorce.
Nuptial Agreements
The consultation proposed qualifying nuptial agreements that could allow couples to make binding arrangements about finances in advance of divorce or dissolution. It covered both agreements made before marriage and agreements made during marriage.
Under current law, nuptial agreements are not automatically binding in England and Wales. However, they can carry substantial weight where each person entered into the agreement freely, understood its implications and it would not be unfair to hold the parties to it.
The government’s proposals included safeguards intended to ensure that a qualifying agreement was informed and freely made. The consultation considered requirements concerning timing, financial disclosure, independent legal advice and protection against coercion.
The consultation proposed that a qualifying agreement should be made at least 28 days before a marriage or civil-partnership ceremony. It also proposed that each person should receive independent legal advice and material financial disclosure before entering into the agreement.
These points are not new legal requirements. They are proposals under consideration. However, they reflect sensible areas for careful attention when planning a nuptial agreement under the current law. For further information, read nuptial agreements and pre-nuptial agreements.
Domestic And Economic Abuse
The family law reforms consultation specifically recognised domestic abuse and economic abuse as issues that may affect financial arrangements at the end of a relationship. It sought views on whether the impact of abuse should receive greater weight when the court assesses financial needs and outcomes on divorce or following separation of eligible cohabitants.
Economic abuse can include behaviour that has a substantial adverse effect on a person’s ability to acquire, use or maintain money or other property, or to obtain goods or services. The government’s legal-aid guidance also identifies financial control, such as being prevented from accessing a joint bank account, as a form of domestic abuse.
If there is immediate danger, call 999. If domestic abuse is affecting your safety, housing, access to money or ability to make decisions freely, early legal guidance may be important. Depending on the circumstances, the court can make protective orders, including non-molestation orders and occupation orders.
Legal aid may be available where there is evidence that you or your children have experienced domestic abuse and you cannot afford legal costs. Eligibility depends on the evidence and financial criteria, so it should be checked in the individual case. For further information, see occupation orders, non-molestation orders and domestic abuse and child contact.
What Should Families Do Now Following The Proposed Family Law Reforms?
The most useful response to the consultation is not to wait for reform. It is to ensure that your present arrangements reflect the law as it currently stands and the reality of your family’s circumstances.
If you are separating, gather and preserve financial information. This may include bank statements, savings, debts, pension information, property documents, mortgage paperwork, payslips, business accounts and evidence of any assets held in the UK or abroad. Accurate financial disclosure is often essential when resolving divorce finances.
If you are unmarried and living together, check how your home is owned, whether there is a declaration of trust, what you have agreed about household contributions and whether a cohabitation agreement would be appropriate.
If you are married, entering a civil partnership or considering marriage, think carefully about whether a nuptial agreement would assist with sensible financial planning. This may be particularly relevant where there are inherited assets, family businesses, significant pre-relationship wealth, children from earlier relationships or international links.
If you are unmarried, make or review a will. Cohabitation alone does not currently provide automatic inheritance rights on intestacy.
Finally, where there are urgent concerns about domestic abuse, coercive control, financial control, children’s welfare or occupation of the family home, seek support without delay.
Speak To Kabir Family Law
Kabir Family Law can help you understand the practical and legal issues to consider. Contact Kabir Family Law today on 0330 094 5880 to arrange your free consultation or book a time that suits you. Our family law specialists are at hand to guide you through the complete process from informal discussions, mediation and right through to court proceedings. Our family lawyers work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.
Frequently Asked Questions: Family Law Reforms
Has the law changed already?
No. The Ministry of Justice consultation closed on 14 August 2026. A consultation does not alter the law, and the current legal framework remains in force unless and until Parliament enacts reforms.
Will cohabitants receive the same rights as married couples?
No. The consultation did not propose making cohabitation equivalent to marriage or civil partnership. It considered a narrower statutory framework for eligible cohabitants, but this is not currently law.
Do cohabitants have automatic rights to the family home?
Not necessarily. The position depends on legal ownership, any beneficial interest, contributions, written agreements and the facts of the individual case. Living together alone does not create the same property rights as marriage.
Do unmarried partners inherit automatically?
No. A cohabitant does not currently inherit automatically under the intestacy rules. A valid will is usually essential if a person wishes to provide for an unmarried partner after death.
Should I delay divorce or separation while the government considers reform?
It is generally unwise to base urgent personal, financial or child-related decisions on possible future legislation. Decisions should be made on the current law and the facts of your circumstances.
Could a nuptial agreement become binding?
The government consulted on a statutory model for qualifying binding nuptial agreements, but this is not currently law. Existing agreements may still be influential where they were fairly made, freely entered into and it would not be unfair to hold the parties to them.
Expert commentary: why these proposals matter
“The consultation is important because it recognises that family structures have changed, while some aspects of financial law have remained difficult for separating families to understand and navigate. In particular, it highlights the very different legal position of couples who live together without marrying or entering a civil partnership.
“At present, separation can expose gaps between what people assume the law will do and the legal remedies that are actually available. This is especially relevant where a home is owned in one person’s name, one partner has reduced work to care for children, there are pensions or family assets, or an unmarried partner dies without leaving a will.
“The proposals may eventually bring greater clarity in some areas. However, people should not assume that a future reform will apply to them or postpone important decisions while the government considers its next steps. The law in force now should guide decisions about a separation, divorce, cohabitation arrangements, financial disclosure, housing or estate planning.”
Garry Steedman, Family Law Consultant, Kabir Family Law
