Separating couples could be waiting much longer for change after the Ministry of Justice confirmed that consultations on divorce and cohabitation reforms are not expected until spring 2026.
The announcement comes despite growing pressure from solicitors and members of the House of Lords calling for long overdue updates to family law.
Meanwhile, families are already facing serious delays in the courts. The average private law case now takes around 41 weeks to conclude, leaving many people waiting for answers as financial and emotional pressures build.
The consultation is expected to look at financial remedies, cohabitation rights and the legal recognition of prenuptial agreements.
Alison Green, Head of the Family and Relationship Team at Mackrell LLP, believes these reforms are needed to improve fairness and certainty for separating couples. She also says these are reforms which have long been promised.
“Families are already under an incredible amount of pressure right now. Cases are taking nearly a year to get through the courts, which means couples are left in limbo over finances, child arrangements, and their future lives. The system is stretched and having to wait even longer for a consultation for reform is likely to make matters worse.”
The reforms aim to create a more consistent approach across marriage, civil partnerships and cohabiting relationships.
“There are still many people in England who believe in the idea of common law marriage, meaning that living with their partner for a long time gives them the same legal protection as if they were married. This is very much a myth. Currently, cohabitating couples have very few automatic rights, no matter how long they’ve been together or whether they have children, hence why many are calling for change.
“As solicitors, we are frequently consulted by one partner of a cohabitation relationship when it breaks down and when we explain the very different regime which applies compared to a couple who are married, this often comes as a shock. I have seen cases where a party reconsiders leaving the relationship given how much they would lose if there were a separation.”
Despite an increasing number of people choosing to move in together without getting married, the law in England has not yet caught up to accommodate modern relationship norms as it has in many parts of the world.
“Until the law changes, the best protection for unmarried couples is to have a cohabitation agreement in place. It sets out who owns what, how finances will be handled and what happens with everything if they break up, so that they can avoid disputes if things go wrong.”
In relation to relationships which are going to end in marriage, Parliament has shown strong cross-party support for making prenuptial agreements legally binding, an issue campaigners have pushed for since the Supreme Court’s decision in Radmacher v Granatino in 2010.
“There’s a real appetite across Parliament to see prenuptial agreements properly recognised,” Alison said.
“There are already several countries that have adopted legally binding prenuptial agreements in some form, including France, Germany, Switzerland and the US, though it does vary by state in the US. I think making these agreements legally binding in England would be a positive step. It would give the parties certainty as to what would happen in the event of a marriage breakdown as well as save significant costs for the parties and the courts, as a valid pre-nup would mean that litigation would not be necessary.”
Prenuptial agreements give couples confidence and clarity about how their assets would be treated if the marriage ends. At the moment, courts will often uphold a well-drafted prenup, but there’s still uncertainty because it isn’t set out in law.
“There are a lot of couples, especially those entering a second marriage or who have children, who are hesitant to even consider marriage without having a prenuptial agreement, as they potentially have more at stake to lose, so having them made officially binding would give these people more assurance.”
Despite the promise of reform, families cannot afford to wait for legislative change.
“Until new laws are introduced, couples need clear advice on their current rights,” Alison added.
“We’re helping clients understand where they stand, whether they’re separating, moving in together or planning to get married. Preparation and good guidance can prevent conflict later on.
“While court delays also continue, I urge clients to consider alternative methods to court to resolve their matters, whether that is using mediation, arbitration, negotiation or collaborative law, to give a better chance at securing a fair outcome more quickly and cost-effectively.”
Mackrell LLP continues to advise clients across England and those English people who live overseas on all aspects of family law, from financial settlements and child arrangements to cohabitation and prenuptial agreements.
