The proposals for reform centre around rights for cohabiting couples, alongside support for victims of domestic abuse.
For those of us who have worked in family law for many years, the issues raised by these proposals are not new. We have long seen the gap between the law as it stands and the reality of how modern families live, separate, protect wealth and rebuild their lives after relationship breakdown.
What is particularly significant is that these issues are now being considered together: stronger rights for cohabiting couples, better protection for survivors of domestic abuse, inheritance rights for bereaved unmarried partners and legally binding nuptial agreements.
Taken together, this consultation offers a vital opportunity to modernise family law, making the legal landscape more relevant and fair for all families today.
Stronger rights for cohabiting couples
Perhaps the most headline-grabbing proposal is reform for cohabiting couples. For too long, unmarried couples have been disadvantaged when it comes to legal rights and protections. Many people still believe in the concept of a “common law marriage”, even though it has no legal status.
Family lawyers regularly advise clients who are shocked to discover that years of living together, raising children, sharing finances or building a home do not give them the same rights upon separation as married couples. The consequences can be devastating, particularly for the financially weaker partner.
The Government’s proposals appear to recognise that the law has failed to keep pace with modern society. Cohabitation is no longer unusual; it is a mainstream family structure. Yet the legal framework has remained fragmented, uncertain and, in many cases, unfair.
Importantly, the proposals do not seek to create “marriage by stealth”. The intention appears to be to preserve the distinction between marriage and cohabitation, while creating a separate framework that offers better protection to those who would otherwise be left financially exposed.
That distinction is important. Marriage and civil partnership should continue to have their own legal status. However, it is increasingly difficult to justify a system that fails to recognise the contributions of those in long-term cohabiting relationships, particularly where one partner has put their own career on hold to care for children or support the household.
However, the details will be crucial. The Government has indicated that couples may need to have lived together for at least three years, or have a child together, and that courts may need to consider whether the relationship was an “enduring family relationship”. How that test is defined and applied will be central to whether the reform provides certainty or creates new disputes.
Greater recognition of the impact of domestic abuse
The consultation will also explore whether courts should give greater weight to the impact of domestic abuse, including economic abuse, when resolving financial matters. This is a very important development and long overdue. While understanding of domestic abuse has improved considerably in recent years, the legal system has not always reflected the realities faced by survivors.
Specialist domestic abuse family lawyers regularly see cases where people have been prevented from working, have no access to money, have no knowledge of the family finances, and have become completely financially dependent on their abuser. For many survivors, one of the biggest barriers to leaving an abusive relationship is not the decision to leave, but whether they can afford to. For unmarried survivors in particular, the lack of legal protection can make that position even more precarious.
Making nuptial agreements legally binding
It is also welcome to see that the consultation will address whether pre-nuptial and post-nuptial agreements should be legally binding. This has the potential to be a significant development. Nuptial agreements are no longer just for the very wealthy. They are increasingly used by business owners, people entering second marriages, individuals with inherited wealth, and those who want to protect assets for children from previous relationships.
At present, courts give significant weight to properly prepared agreements drafted by a family lawyer, but they are not automatically legally binding. A clearer legal framework could give couples greater certainty, reduce conflict and encourage more open financial conversations before and during marriage.
However, safeguards will be essential to ensure that agreements are entered into freely and that both parties have independent legal advice to understand the implications. Certainty is important, but it must not come at the expense of fairness.
Inheritance rights for bereaved unmarried partners
The consultation will also consider proposing inheritance reforms for unmarried couples. This is also long overdue. Many people assume that when an unmarried partner dies without a will, a long-term partner is automatically protected, only to discover that the law does not reflect the life they built together. This can leave the surviving partner facing enormous uncertainty at the worst possible time.
Giving bereaved cohabiting partners stronger rights could reduce hardship, conflict and unnecessary litigation.
An opportunity for meaningful reform
After 24 years in family law, what stands out most to me is that these reforms are not about abstract legal theory. They are about the real families we advise every day: the unmarried parent who gave up work to care for children; the survivor trying to leave an abusive relationship safely; the bereaved partner facing uncertainty over their home; the second spouse trying to protect inheritance for children from a previous marriage; and the couple who want clarity rather than conflict.
The direction of travel is welcome and overdue. But the success of these reforms will depend entirely on the detail. The challenge now is to create a framework that is fair, practical, accessible and clear enough for families to understand before they reach a crisis point.
This consultation presents a rare opportunity to modernise family law in ways that truly reflect how people live today. Engaging with these reforms can make a real difference, and it is an opportunity we should not overlook.
Rachel Roberts is the UK Managing Director at Stowe Family Law
Understand more about family law for modern life
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What is a cohabitation agreement?
How domestic abuse can manifest through divorce
How to recognise abusive behaviour in long term relationships
