The Government has launched a major consultation, “A Fairer End to Relationships”, described as one of the biggest reviews of family law in decades. It aims to modernise the law, particularly for unmarried couples.
Although no changes have been made yet, the consultation shows where family law may be heading.
Why Is Reform Being Considered?
More couples now live together without marrying or entering a civil partnership. Cohabiting couples are one of the fastest-growing family types in England and Wales, but the law has not kept pace.
More than 3.5 million couples now cohabit without being married or in a civil partnership. Many are surprised to learn there is no such thing as a “common law marriage” in England and Wales, meaning unmarried couples usually have far fewer rights if they separate or one partner dies.
The consultation focuses on three key areas.
1. Greater Protection for Cohabiting Couples
One of the most significant proposals is a new legal framework for certain cohabiting couples when they separate.
Currently, disputes between unmarried couples are often dealt with under property law, which can be complex, costly and, in some cases, unfair.
The Government is seeking views on whether eligible cohabitants should be able to make financial claims after separation, particularly where one partner has suffered financial disadvantage during the relationship.
This could help people who have:
- Given up work to care for children;
- Supported a partner’s career at the expense of their own;
- Become financially dependent during a long-term relationship;
- Suffered economic abuse within the relationship.
2. Changes to Financial Settlements on Divorce
The consultation also considers whether the law on financial settlements on divorce should be reformed.
At present, many key principles, such as needs and sharing matrimonial assets, come from case law rather than clear legislation.
The Government is considering whether these principles should be placed into law to make outcomes easier to understand and more predictable.
Clearer rules could:
- Help parties understand their likely outcome sooner;
- Reduce disputes and litigation;
- Encourage earlier settlements.
3. Binding Prenuptial and Postnuptial Agreements
Another proposal concerns prenuptial and postnuptial agreements.
Nuptial agreements are often considered by the courts but are not automatically binding. The Government is seeking views on qualifying nuptial agreements, which could allow couples to make legally binding arrangements about assets if they later separate.
This could offer greater certainty, while still raising important questions about protecting vulnerable parties.
Inheritance Rights for Unmarried Partners
The consultation also looks at what happens when a cohabiting partner dies without leaving a will.
Cohabitants do not currently inherit automatically from one another, regardless of how long they lived together. This can leave surviving partners in a difficult financial position.
The Government is considering reforms to:
- Improve inheritance rights for surviving cohabitants;
- Modernise the intestacy rules;
- Improve access to financial provision from a deceased partner’s estate.
What About Domestic Abuse?
Domestic abuse is a key theme. The Government is seeking views on how it should be recognised in financial remedy proceedings and any future cohabitation framework.
This includes economic abuse, where one partner controls or restricts the other’s access to money, assets or financial independence.
What Happens Next?
The Government will now review responses in respect of the suggested changes, before deciding whether to bring forward any new legislation or make changes to existing legislation.
The proposals are not yet law, but they could represent a major shift in how family law deals with divorce, cohabitation and inheritance. If introduced, they may provide greater certainty for separating couples and stronger protection for unmarried partners.
How Oliver & Co Solicitors Can Help
Whether you are married, living with a partner, considering a cohabitation agreement, or facing separation, early legal advice can help you understand your position and protect your interests.
Our Family Law team at Oliver & Co Solicitors provides practical, compassionate and confidential advice tailored to your circumstances.
We offer a free 10-minute call to prospective family law clients, giving you the opportunity to speak with a solicitor, ask questions and understand your options with no obligation.
To discuss your situation with our Family Law team, call 01244 312306, email us at law@oliverandco.co.uk, or complete the enquiry form on our Contact Us page.
