The future of family law is never set in stone. Unique cases are brought before family lawyers every day, each one significant to the family it involes and the professionals supporting parties through major life transitions. As family life changes, so must family law.
Expert divorce lawyers from across Stowe Family Law have set down what they expect to see in the family law space in the coming year, particularly regarding anticipated reforms. Exploration of unmarried couples rights, and a hope that 2026 may finally be the year to see some change in cohabitation law, meets reforms to wedding law, meets the expected repeal of the presumption of parental involvement.
It looks set to be a busy year in family law.
What are unmarried couples rights in the UK and will we see any change?
Family lawyer and cohabitation law expert Ciara Pugh, Senior Associate, from our Bromley office
Family lawyers have been long awaiting any progress in the cohabitation space. The number of couples choosing to live together but not get married, or delay marriage until later in life, is ever-growing. The Office for National Statistics this year released new data highlighting just how common cohabitation is:
- 60.5% of the population of England and Wales are living with a legal partner or cohabiting
- 12.9% of the population as cohabiting, and 36.5% of these have never been married or civilly partnered
Cohabitation is when an unmarried couple live together – usually in a romantic relationship (although not necessarily). This is often assumed to be what’s known as ‘a common law marriage’, i.e. the couple are essentially married without the legal documentation. However, the common law marriage is a myth, and cohabiting couples don’t have the same rights as married couples when it comes to finances, property and inheritance if they break up or one partner dies.
When a married or civilly partnered couple goes through divorce or dissolution, there is an expectation of a financial settlement that fairly divides the assets, and ensures each person can move forward, financially independent. Cohabitees do not have rights to their partner’s finances, savings, pensions etc upon separation and death. There can be some claims made on property, but this is often a complex and long-winded process.
The Labour Government promised in its Manifesto before it took office to pursue research and change to cohabitation laws. Unfortunately, 2025 again did not see this materialise. However, the recent statistics from ONS may jolt Governmental activity. It is hugely important to recognise that many financially vulnerable people are stuck in unhappy or abusive relationships because they do not have the rights to a fair division of finances upon separation and cannot afford to leave.
I hope to see real progress in this area of family law in 2026. There needs to be decisive action taken to recognise the ever-changing landscape of family life.
Further roll out of the Pathfinder pilot
Family lawyer specialising in complex children matters, Partner Ashley Le-Core from our Tunbridge Wells office
The Pathfinder Pilot launched in February 2022 in a small number of local family courts including Bournemouth, Weymouth and Wrexham. Since 2022, the pilot has seen huge successes and has expanded to numerous courts across England and Wales.
The primary difference brought about by the pilot is that CAFCASS, the Children and Family Court Advisory Service, will provide an initial safeguarding report for any application under a C100 form – i.e. any child arrangement proceedings that go through court. This report will inform what is in the best interests of the children before the first hearing, as a CAFCASS worker will speak to the children directly about their wishes and feelings.
The new review stage is a hugely important part of this process, in that the parties including the children will be contacted to find out how the order is working for them within 3-12 months of any final order being made.
In addition, the Pathfinder Pilot has been working to reduce the trauma on victim-survivors of domestic abuse but improving information sharing between organisations such as the police and social services, and the family courts. This helps minimise the number of times victim-survivors have to tell their story.
In 2025, the MoJ published an update report on the progress of the Pathfinder Pilot. Key successes have been seen in:
- Better experience of children and families in family court proceedings, particularly hearing the wishes and feelings of children
- Improved information gathering
- Faster case conclusion in comparison to the old system, positively supporting victims of abuse
In 2026, it is anticipated that the pilot will roll out to 6 new courts: Portsmouth, Southampton, Isle of Wight, Winchester, Basingstoke and Aldershot. These are due to go live on 6th January. The pilot is due to run until 31st March 2026, at which point we expect to see a full review and a roll out to every court in England and Wales.
Download our guide to how children proceedings are working in the Pathfinder courts.
Can you get married on a beach? It’ll soon be a legally binding ceremony
Family lawyer and expert solicitor, Senior Associate Sophie Croft from our Newcastle office
The wedding industry has been through several fluctuations in the past few years: the impact of the pandemic, changes in family structures and the cost-of-living crisis have all affected the number of, and style of weddings. It is still a multi-billion-pound industry, but it has had to adjust and change to with the different needs of society over the years.
To be legally married in England and Wales, the ceremony venue needs to be a registered location. Often this is a religious house like a church or a temple, or, in more and more cases, a registry office. It is often the case in modern Britain that couples choose a wedding venue based on their shared love of the space, but it may not be a licensed location. This means that a civil ceremony needs to be conducted separately, often adding to planning stress and costs.
In 2026, the Government will implement new reforms to wedding laws that will transfer the necessity of licensing to the officiant, rather than the venue. This will give couples the freedom to be legally married in other venues, like beaches or castles, that don’t necessarily have to have the specific licence currently required.
Humanist celebrants will be able to conduct legally binding ceremonies. This is an acknowledgment that there has been a significant shift away from religious ceremonies in Britain.
For couples getting married, this means there will no longer need to be a civil ceremony conducted separately to the wedding provided the chosen officiant is licensed and could be a religious leader or a humanist celebrant.
Couples will have the freedom to be creative and plan a wedding day that truly reflects their shared journey to their wedding day, and into married life.
Read about how to pragmatically approach your marriage through a prenuptial agreement.
Repeal of the presumption of parental involvement
Expert family solicitor and specialist in child law, adoption and step-families Shanika Haynes, Team Leader Partner in our Leeds office
One of the major talking points in family law in 2025 was the Government’s proposal to repeal the presumption of parental involvement. When separating couples are unable to agree child arrangements, and non-court dispute resolution has not worked, the family court must step in to decide what is best for the child.
The safety and wellbeing of any child is always the court’s priority, regardless of whether the parents were married or unmarried. Family judges and practitioners work within the Children Act 1989, the Children and Families Act 2014 and the Family Procedure Rules, all of which share the principle that a child is assumed to benefit from a relationship with both parents absent any welfare concerns.
In 2025, however, the Government proposed removing this presumption, reflecting growing scrutiny of how it operates in cases involving domestic abuse. Critics argue that in some situations, the rights of abusive parents to maintain contact have been placed above the need to protect the child.
If the reforms are implemented in 2026, they would mark a significant cultural shift in family law. Yet there are concerns. Most practitioners have encountered cases involving false allegations of domestic abuse, which can seriously damage a parent–child relationship. Without an automatic assumption that parental involvement is in the child’s best interests, there is a risk that preventable mistakes could be made, and innocent parents could be denied contact which can seriously damage a parent–child relationship. Without an automatic assumption that parental involvement is in the child’s best interests, there is a risk that preventable mistakes could be made, and innocent parents could be denied contact.
A child’s welfare must remain at the centre of every decision made by parents, lawyers and the courts. But this focus can be obscured in cases where abuse is alleged. Comprehensive training, adequate funding and proper resources will be crucial to reducing mistakes and safeguarding children effectively, as opposed to changing the law.
Reduction in the sittings of the family court should encourage non-court dispute resolution
Specialist family lawyer and divorce solicitor, Team Leader Partner Rachel Fisher, based in our Exeter office
The Family Court has long been under significant pressure, a situation that was further exacerbated by the build-up of family law cases during the pandemic. In response, a range of measures have been introduced in recent years to help reduce the number of family law cases that proceed to court. One notable example is the 2024 update to the Family Procedure Rules, which actively encouraged judges, family lawyers and separating couples to pursue non-court dispute resolution (NCDR) options wherever appropriate.
Against this backdrop, the current President of the Family Division, Sir Andrew McFarlane, announced in 2025 that the number of family court sitting days would be reduced, reflecting a re-prioritisation of judicial resources. The practical consequence for couples going through divorce and separation is that there will be fewer opportunities for financial remedy hearings. Financial cases involving disputes over assets may therefore be subject to longer delays than previously experienced.
There is also an increased risk of last-minute cancellations. These can have a significant emotional impact on divorcing parties, adding to stress at an already difficult time, and can result in wasted costs that cannot be recovered and time spent preparing for hearings that do not go ahead. Delays can also have a direct financial impact, as in legal proceedings time is money.
At this juncture, it is more important than ever to consider the available alternatives. In cases involving serious allegations of domestic abuse, court proceedings are often the only appropriate option to ensure safeguarding. However, in many other situations NCDR options remain available, are often more cost-efficient, and have demonstrated clear benefits in terms of efficiency. Mediation, for example, can be an effective starting point for couples who struggle to negotiate directly. There are also forms of mediation suitable for higher-conflict cases, such as shuttle mediation. Alternatively, collaborative divorce or negotiation through solicitors can be explored before issuing any court application. More and more popularity is being gained for both private FDR hearings and arbitration, where parties pay for an adjudicator to bring matters to a conclusion on a quicker timescale. There are many benefits to this and with reduced court sitting time in 2026, we will certainly see the use of these adjudicators more and more.
The reduction in court sittings may have far-reaching effects and place further strain on an already pressured system. In this context, NCDR options could prove invaluable, helping divorcing and separating couples to save stress, time, and money wherever possible.
Useful Links
Download our in-depth guide on how a family lawyer can help you if you’re a victim of domestic abuse
