The Government has launched a significant family law consultation, proposing what could become some of the biggest changes to family law in England and Wales for decades.
The consultation, published by the Ministry of Justice, is looking at at three key areas:
- Reforming the law on financial remedies following divorce.
- Introducing greater legal protections for cohabiting couples when relationships end.
- Changing the law surrounding inheritance where unmarried partners die without a Will.
While these proposals are still subject to consultation and are not yet law, they give a clear indication of the direction the Government wishes to take. The overall aim is to make the law clearer, encourage earlier dispute resolution, and ensure the legal system better reflects modern family life.
At AFG Law, we believe that understanding these proposed family law reforms 2026 can help individuals and families make informed decisions about their future.
Why is Family Law Being Reviewed?
Society has changed significantly over recent decades. Today, millions of couples live together without marrying, blended families are increasingly common, and more people want greater flexibility over how financial matters are dealt with if relationships break down.
The Government believes that the current laws and legal processes have not kept pace with these changes. In particular, concerns have been raised that existing laws can create uncertainty, increase conflict and leave some people without adequate legal protection.
The consultation also recognises that lengthy court proceedings can be stressful and expensive. As a result, many of the proposals are designed to encourage earlier agreement wherever possible.
Changes to Financial Remedies on Divorce
One of the main areas under review concerns financial remedies following divorce. Currently, the courts have wide discretion when deciding how assets should be divided. Although this flexibility allows decisions to reflect individual circumstances, it can also make outcomes more difficult to predict.
The Government is seeking views on whether the law should become clearer and more structured, helping separating couples understand their likely position without having to pursue lengthy court proceedings.
Greater certainty could also encourage more people to resolve financial matters through negotiation, mediation and other forms of non-court dispute resolution.
Greater Recognition for Cohabiting Couples
Perhaps the most widely discussed proposal concerns couples who live together without marrying or entering into a civil partnership. Many people mistakenly believe in the concept of a “common law marriage.” In reality, cohabiting couples currently have very limited legal protection if their relationship ends.
The consultation explores whether certain cohabitants should have access to financial claims following separation and whether additional safeguards should be introduced for vulnerable individuals, children and families.
If implemented, these changes would represent one of the most significant areas of law reform for many years.
Changes to Intestacy Rules
The family law consultation also considers what happens when an unmarried partner dies without leaving a Will. Under the current rules of intestacy, cohabiting partners generally do not inherit automatically, regardless of how long they have lived together.
The Government is consulting on whether surviving cohabitants should receive greater protection in these circumstances. While no decisions have yet been made, the proposals highlight the continuing importance of making a valid Will and reviewing estate planning arrangements regularly.
Encouraging Couples to Plan Ahead
Another important theme running throughout the consultation is giving couples greater certainty before problems arise. One proposal is to strengthen the legal status of qualifying nuptial agreements, allowing couples to make binding arrangements about finances before or during marriage, subject to appropriate safeguards.
This reflects a wider shift towards encouraging people to have open conversations about finances and future planning rather than relying solely on court proceedings if relationships later break down.
A Continued Focus on Non-Court Resolution
The consultation makes clear that the Government wants more separating couples to resolve issues without unnecessary litigation. This aligns with wider family court reforms and the growing emphasis on mediation, negotiation and other forms of non-court dispute resolution.
At AFG Law, we have seen the benefits of helping families reach agreements constructively wherever possible. Through solicitor-led negotiation and mediation services provided by Nicola Williams, our aim is to help clients find practical solutions while reducing conflict wherever appropriate.
Court proceedings will always remain necessary in some law cases, but they should not be the starting point if issues can be resolved collaboratively.
Wider Family Court Reforms
The consultation sits alongside a number of wider family court reforms already being introduced. These include the continued expansion of the Pathfinder Pilot, which seeks to improve how the courts deal with private law disputes involving children by placing greater emphasis on identifying safety concerns at an earlier stage.
The reforms also build upon developments affecting children cases, including changes to how the courts approach child arrangement disputes under the Children Act.
Collectively, these initiatives aim to create a family justice system that is more efficient, less adversarial and more focused on the welfare of children.
What Happens Next?
The consultation is currently seeking views from legal professionals, charities, academics and members of the public. Following the consultation period, the Government will consider the responses before deciding whether legislation should be introduced.
This means that the proposals discussed are not yet law and may change before any reforms are implemented. Nevertheless, they provide a valuable indication of the direction family law may take in the coming years.
What Should You Do Now?
Although these proposals are still under consultation, they reinforce the importance of planning ahead.
If you are living with a partner, considering marriage, going through a separation or reviewing arrangements following a divorce, obtaining early legal advice can help you understand your rights under the current law while preparing for any future developments.
Forward planning through cohabitation agreements, prenuptial agreements, mediation and estate planning can often reduce uncertainty regardless of whether the law changes.
How AFG Law Can Help
At AFG Law, our experienced family law solicitors keep a close eye on developments affecting families across England and Wales. Whether you are separating, resolving financial matters, making arrangements for your children or planning for the future, our team can provide clear, practical advice tailored to your circumstances.
We believe the best outcomes are often achieved through constructive discussion and careful planning rather than conflict. Where appropriate, we will always explore opportunities to resolve matters amicably before court proceedings become necessary.
If you would like to discuss your situation with one of our experienced family lawyers, please get in touch.