A Fairer End to Relationships: Why Family Law Reform Is Back on the Agenda
The Government’s recently published consultation paper, A Fairer End to Relationships, is the most substantial review of family law in England and Wales for a generation. The proposals seek to modernise the legal framework governing divorce, cohabitation and inheritance, reflecting the reality that family life has changed significantly while the law has largely remained the same.
Why Reform Is Being Considered
Family structures have evolved considerably over the past few decades. More than 3.5 million couples now cohabit without marrying or entering a civil partnership, yet cohabitants continue to enjoy very limited legal protection if their relationship breaks down or one partner dies without a will. The consultation argues that this mismatch between modern family life and the law can leave financially vulnerable individuals, particularly women and children, exposed to hardship.
The consultation is built around four key principles:
- prioritising fair outcomes for children;
- protecting vulnerable individuals;
- creating a clearer and more accessible legal framework; and
- preserving the distinct legal status of marriage and civil partnership.
What this means in practice
At this stage, the proposals remain subject to consultation and no changes have yet been made to the law.
However, the Government is seeking to modernise family law so that it better reflects contemporary family structures while retaining a distinction between marriage and cohabitation.
For family lawyers, the consultation presents both opportunities and challenges. Greater certainty in divorce law could improve predictability for clients, while new rights for cohabitants could address longstanding injustices. This could potentially reduce litigation when couples separate, preserving assets that would otherwise be spent on legal fees and reducing animosity. If the couple have children, this is essential. Family Lawyers and bodies such as Resolution have been campaigning for change for years.
Equally, questions remain about where the boundaries should be drawn and how any new framework can balance protection for vulnerable individuals with personal autonomy. Equally, it is important to ensure that there is still a clear distinction between cohabiting and marriage.
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