A fairer end to relationships
A consultation on reforming financial remedies on divorce and strengthening protections for cohabitants at the end of their relationship.
This consultation brings together three connected areas of reform affecting families when relationships end.
1. Reforming the law of financial remedies on divorce and dissolution
The Law Commission’s 2024 scoping report identified a lack of certainty and accessibility in the current law. To address this the government invites views on a “codification-plus” model of reform, which would bring settled case law principles, such as those of “needs” and “sharing”, into statutory form.
The consultation also invites views on further targeted reforms, including introducing qualifying nuptial agreements which would enable couples to make binding financial arrangements in advance of divorce or dissolution.
2. Reforming the law for cohabitants on separation
The very limited set of protections under the current law can leave cohabitants facing significant financial difficulties when relationships end, which disproportionately affects vulnerable groups such as women, children and victim-survivors of domestic abuse (including economic abuse).
The Government invites views on introducing a statutory framework of rights and protections, for eligible cohabitants at the point of separation, supporting its manifesto commitment to “strengthen the rights and protections for women in cohabiting couples”. The government proposes that this framework should be narrower than that which is available on divorce.
3. Reforming the law for cohabitants on intestacy
Cohabitants currently have no automatic right to inherit when a partner dies without a will, which can leave surviving or separating cohabitants facing serious financial hardship. The consultation seeks views on proposals to modernise the law affecting cohabitants on intestacy and on access to financial provision from a deceased partner’s estate.
These three areas are closely linked. Consulting on them at the same time allows the government to consider how financial provision at the end of relationships, whether through divorce, separation or death, can be made clearer, more consistent and better aligned with the realities of modern family life.