Divorce, prenups and cohabitation: could family law be about to change?

The government is considering significant changes to the law affecting separating couples, nuptial agreements and people who live together without marrying. Andrea Bartholomew, family law partner at Boys & Maughan’s Margate office, looks at what the proposals could mean for couples and families.

Family life has changed considerably over the past few decades, but some of the laws governing what happens when relationships end have not kept pace. A government consultation, A Fairer End to Relationships, is considering reforms which could have important consequences for married couples, civil partners and those who live together.

The proposals are not yet law, but they give a clear indication of where significant changes could be made.

Making divorce finances clearer

When a marriage or civil partnership ends, the court considers a wide range of circumstances when deciding how finances should be divided. Much of the law has also developed through decisions made in previous cases, which can make it difficult for separating couples to understand what outcome they might expect.

The government proposes putting established principles more clearly into legislation, while retaining the court’s ability to take account of individual circumstances.

A key proposal is a more structured approach to financial needs. The welfare and needs of children would be considered first, followed by matters such as housing, income and pensions. Only after these have been addressed, and where sufficient resources remain, would the court consider additional needs associated with the lifestyle enjoyed during the marriage.

The aim is to make financial outcomes easier to understand and predict, potentially helping more couples reach an agreement without lengthy court proceedings.

Could prenups become legally binding?

Another significant proposal concerns pre-nuptial and post-nuptial agreements.

At present, these agreements can carry considerable weight when couples divorce, but they are not automatically legally binding. The government proposes introducing “qualifying nuptial agreements” which would allow couples to make binding arrangements about their finances if their marriage later ends.

There would be important safeguards. Each person would need independent legal advice and appropriate financial information about the other’s circumstances. The agreement would need to be made as a deed and a pre-nuptial agreement could not be entered into during the 28 days immediately before the wedding.

Crucially, couples would not be able to use an agreement to avoid meeting financial needs or the needs of their children.

New rights for couples who live together?

Perhaps the biggest change for many families concerns couples who live together without marrying or entering a civil partnership.

Contrary to the widespread belief in “common-law marriage”, living together does not currently give a couple the same legal rights as being married. The government is proposing a new framework which could give qualifying cohabitants greater financial protection if they separate.

Generally, couples would need to have lived together for at least three years. However, there would be no minimum period where they live together and have had a child, or where there is a dependent child who is treated by both partners as a child of their family.

This would not give cohabitants the same rights as married couples. Each person would normally keep what they legally own and there would be no starting assumption of a 50:50 division. Instead, the court could intervene where necessary to meet defined financial needs, with children considered first.

Claims would normally have to be made within two years of separation. Maintenance would only be available in exceptional circumstances and would be for a limited period.

Couples would also be able to opt out of the proposed framework by agreement, subject to safeguards including independent legal advice and financial disclosure.

What if an unmarried partner dies without a Will?

The consultation also proposes significant changes to inheritance law.

Currently, an unmarried partner has no automatic right to inherit if their partner dies without a valid Will. The government is considering giving qualifying cohabitants the same rights under the intestacy rules as spouses and civil partners.

Exactly who would qualify, including how long a couple would need to have lived together, is still being considered. This is particularly important for blended families, where extending inheritance rights to a surviving partner could affect what children from an earlier relationship inherit.

What happens next?

The consultation closes on 14 August 2026. These are proposals rather than changes to the law, and the government will consider the responses before deciding what legislation to introduce.

For now, the existing law continues to apply. However, the proposals indicate the scale of change that could lie ahead – particularly for unmarried couples who currently have much more limited protection when a relationship ends.