By Lauren Preedy
On 5 June 2026, the Government launched its consultation A fairer end to relationships, bringing forward proposals that could shape the future of family law for decades to come.
This is not simply another review. It is an attempt to address long-standing gaps in the law that many family lawyers have seen firsthand for years.
Having been qualified for over 20 years, I can safely say that reform in this area has been discussed for almost as long as I can remember. Resolution has campaigned tirelessly on cohabitation rights throughout that time, and as a member for over two decades, as well as former Chair and current committee member for Somerset, I have seen just how important this issue is in practice.
Why this consultation matters
The consultation brings together three key areas of reform:
- Financial remedies on divorce and dissolution
- Rights for cohabitants on separation
- Rights for cohabitants on death (intestacy)
Looking at these areas together is both sensible and long overdue. Relationships do not exist in silos, and neither should the law that governs them.
At its core, the consultation recognises a simple truth. Family life has changed, but the law has not kept pace. Today, more than 3.5 million couples in England and Wales live together without marrying or entering a civil partnership.
Yet the legal protections available to those couples remain extremely limited, often leaving one party in a position of real financial vulnerability when a relationship ends.
The reality behind cohabitation
One of the most persistent myths is the idea of “common law marriage”. It simply does not exist.
In practice, this means that even after decades together, raising children and sharing finances, cohabiting partners can be left with very little protection.
Over the years, I have advised on cases that highlight just how stark this can be. In one example, a couple had been together for 28 years and had three children. The husband earned a substantial income and had built up significant pension savings and cash reserves. The wife had worked in a low-paid role and had no pension or meaningful savings of her own.
Despite the length of the relationship, her legal entitlement was limited to a share of the property. There was no claim to pension sharing or wider financial provision in the way there would have been on divorce.
This is not unusual. It is the reality of the current law.
A welcome shift, but detail will be key
The Government is proposing to introduce a statutory framework for cohabitants, alongside reforms to divorce law and inheritance rights.
Importantly, this is not about making cohabitation equivalent to marriage. The consultation is clear that any new framework would be narrower than the regime that applies on divorce.
That distinction matters.
However, introducing a clearer framework based on “needs” for cohabitants has the potential to address some of the most obvious unfairness in the current system.
Alongside this, the proposal to bring greater clarity to financial remedies on divorce by codifying principles such as “needs” and “sharing” is a positive step. At present, these concepts stem largely from case law rather than legislation, which can lead to uncertainty and inconsistency.
Greater clarity should, in theory, lead to more predictable and less contentious outcomes.
Protecting the vulnerable
One of the most important themes running through the consultation is protection of the vulnerable.
There is a clear focus on ensuring that the law better reflects the impact of domestic abuse, including economic abuse, within financial proceedings.
This is particularly significant. For too long, the financial consequences of abuse have not been fully recognised within the legal framework.
Nuptial agreements: towards greater certainty
Another notable proposal is the potential introduction of legally binding pre-nuptial and post-nuptial agreements.
At present, these agreements carry weight but are not automatically enforceable. Moving towards a binding system could provide couples with greater certainty and autonomy in planning their financial arrangements.
As family lawyers, we are already seeing an increasing number of couples considering these agreements, particularly where there are business interests, inherited assets or second families to consider.
A personal perspective
I have experienced relationships from different perspectives. I have been in a cohabiting relationship, I have been divorced, and I am now married.
That experience reinforces my view that there is no single “right” way to structure a relationship. What matters is that people understand their legal position and are able to make informed choices.
The law cannot remove all uncertainty. There will always be a role for judicial discretion, particularly when it comes to assessing “needs”. What one person considers necessary to rebuild their life after separation may be very different from another’s view.
But what the law can do is provide a clearer framework and a fairer starting point.
As Resolution Chair Melanie Bataillard-Samuel has said:
“For too long, unmarried partners have been placed at risk of significant financial hardship and uncertainty when their relationship comes to an end… The current law has simply not kept pace with changes in society.”
This consultation is an opportunity to begin addressing that imbalance.
What should couples be doing now?
While this consultation is a significant step forward, it is important to remember that it is only that, a consultation. The current law still applies.
My advice remains the same for all couples, whether married or not:
- Take legal advice early
- Understand your position before issues arise
- Consider formal agreements, including cohabitation agreements or nuptial agreements
The more clarity you have at the outset, the less uncertainty there will be later.
This is particularly important where there are children, unequal incomes, business assets or wealth from previous relationships.
Looking ahead
This consultation closes on 14 August 2026, and the detail of any eventual reforms will be crucial.
There is real potential here to modernise family law in a way that reflects how people actually live today. But the success of any reform will depend on how well it balances fairness, clarity and flexibility.
At the heart of this is a simple but important question:
If your relationship ended tomorrow, what would you need to be in a secure financial position?
The answer to that question sits at the centre of this consultation, and ultimately, at the centre of any fair legal system.
How we can help
If you are thinking about moving in with a partner, getting married, or would like to better understand how your finances would be treated if your relationship were to end, taking advice early can make a real difference.
Our family law team can support you with clear, practical guidance, including cohabitation agreements and pre- or post-nuptial agreements, to help you plan ahead with confidence.
If this blog raises questions for you, or you would like to discuss your own situation, please get in touch.
