A Fairer End To Relationships – The Future Of Family Law?

On 5 June 2026, the Government published a consultation document entitled “A Fairer End to Relationships” which, if taken forward, could represent one of the most significant potential overhauls of family law in England and Wales in decades.

Whilst the consultation will not conclude until August 2026, it signals the direction of travel, and for many clients, it addresses long‑standing concerns about fairness, certainty, and protection when relationships come to an end.

Why reform is being considered

The current legal framework, largely rooted in legislation from the 1970s and developed through case law, has been criticised for being uncertain, complex, and sometimes unfair. In fact, figures show that in 2023, of 103,816 divorcing couples, less than 50% applied to the court to make a financial remedy application, underlining the potential scale of the issue and the need to ensure a law that supports fair outcomes.

At the same time, family structures have evolved significantly:

The Government’s stated aim is to create a system that is:

1. Reform of financial remedies on divorce

What could change?

The Government is proposing a “codification‑plus” model—in simple terms, taking well‑established legal principles from case law and putting them into statute.

These include:

Why does this matter?

Currently, outcomes in financial cases can vary widely depending on any one judge’s interpretation of the law. When the court makes a decision, it exercises discretion drawing on its interpretation of primary and secondary legislation, including statute (i.e., acts of parliament) and case law (i.e., the decisions that have been made by higher courts in previous cases). Codifying the rules could:

For clients, this could mean a clearer understanding, at an earlier stage, of what a fair settlement is likely to look like.

2. Binding nuptial agreements

One of the most notable proposals is the introduction of Qualifying Nuptial Agreements (QNAs)—in other words, legally binding pre‑ and post‑nuptial agreements. As it stands, whilst nuptial agreements that are properly entered into will be given weight and taken into consideration by the court in the event of a dispute, they are not currently legally binding. Proposed changes include:

If introduced, this reform would:

3. New rights for cohabiting couples

The current problem

3.5 million couples live together without marrying or entering into a civil partnership, double the number 30 years ago. It is projected that by 2031, one in four families will be cohabiting, and in 2022, over half of babies born were born to unmarried parents. Unmarried couples currently have very limited legal protection if they separate, often relying on complex property law that was not intended to resolve their dispute, rather than family law. There is no dedicated statutory framework to guide how cohabiting couples’ financial matters should be resolved.

This can lead to harsh outcomes, particularly where one partner has sacrificed career or income.

Proposed reform

The Government is considering a new statutory framework for cohabitants, providing financial remedies in certain circumstances.

Eligibility is likely to include:

However, the rights would still be more limited than those available on divorce to married couples, and couples would have the option to “opt-out”.

Key principles:

What this means for clients

This is arguably the most important proposed change.

For the first time, cohabiting partners, particularly the financially weaker party, may have:

4. Inheritance rights for cohabitants

At present, unmarried partners have no automatic right to inherit if their partner dies without a Will.

The consultation proposes extending intestacy rights to qualifying cohabitants.

Why this matters

This change would:

5. A stronger focus on vulnerability and domestic abuse

Another important theme is increased recognition of gendered outcomes and domestic abuse as the Labour government looks to its ambition to halve domestic abuse towards women and girls in a decade, including:

Courts may be encouraged to consider this in more detail, both on divorce and separation.

In terms of gendered outcomes, the Fair Shares Project studies show that up to five years after their divorce, female domestic abuse victim-survivors continued to be more likely than other women to be in financially precarious situations, and that women generally are more likely to have lower incomes and lower pensions as these assets are overlooked in divorce settlements.

Proposed changes reflect a broader move toward protecting those most at risk when relationships end.

Final thoughts: What should clients do now?

Although these proposals are not yet law (the consultation runs until 14 August 2026), they are a strong indicator of future reform.

In the meantime:

The Government’s consultation represents a clear attempt to modernise family law and address long‑recognised gaps, particularly for cohabiting couples.

If implemented, these reforms could make outcomes:

• Fairer
• More predictable
• Better suited to modern family life

For many family lawyers, the direction of travel is welcomed, but the detail will be crucial.

If you are concerned about how a separation may affect you, it is always important to get early, independent legal advice.