Fairer Rules for Couples Who Live Together
Right now, couples who live together without being married or in a civil partnership have surprisingly few legal protections. If the relationship breaks down, there’s very little financial safety net — and many people don’t realise this until it’s too late.
With over 3.5 million cohabiting couples in England and Wales — more than double the figure from 30 years ago — the law is clearly lagging behind how people actually live. The Government has committed to changing this, and a formal consultation is expected to launch in Spring 2026.
Importantly, this won’t just look at cohabitation in isolation. The consultation will also review financial settlements on divorce and civil partnership dissolution, with the aim of creating a more consistent and fair system across all types of relationships.
Prenuptial and Postnuptial Agreements
Nuptial agreements — contracts made before or during a marriage about how finances would be divided if the relationship ends — are becoming increasingly common. However, English law still doesn’t make them automatically binding.
The Government is expected to consider the Law Commission’s recommendations on giving these agreements greater legal weight, as part of the broader consultation mentioned above. The goal is to provide more certainty for couples while still protecting fairness and the interests of any children.
Recent court decisions, including the Supreme Court case of Standish and the Court of Appeal’s ruling in Helliwell v Entwistle, have reinforced the importance of following proper safeguards when entering into these agreements.
Resolving Disputes Without Going to Court
Family courts are under enormous pressure. In 2025, the President of the Family Division announced that sitting days in London’s Financial Remedies Court would need to be cut, meaning more hearings are being delayed or moved at short notice.
As a result, more families are turning to alternatives:
- Mediation — a neutral third party helps you reach agreement
- Collaborative law — each party has a lawyer, but everyone commits to settling without court
- One Couple, One Lawyer — a single lawyer helps both parties reach a fair outcome together, reducing costs and conflict
- Private arbitration — a privately funded judge makes a binding decision
The “One Couple, One Lawyer” model in particular is expected to grow in popularity during 2026. It’s often quicker, cheaper, and less emotionally draining than going to court — though it’s not suitable for every situation.
However, it’s worth noting that private dispute resolution options come at a cost, which raises concerns about a two-tier system where those who can afford it get faster justice.
Children and Family Courts
Two important developments are shaping how the courts handle disputes about children:
Pathfinder Courts — First piloted in 2022, these courts take a more hands-on approach. Rather than waiting for parents to present their cases, the court actively gathers information early, listens to what children want, and works with local services like mediators and social workers. The pilot is continuing into 2026.
Removing the Presumption of Parental Involvement — Currently, the law assumes it’s usually best for both parents to be involved in a child’s life. The Government plans to repeal this presumption, following evidence that in cases involving abuse, this assumption can actually put children at risk. The focus will shift firmly to the child’s safety first.
Stronger Protections Against Domestic Abuse
Domestic abuse remains alarmingly common — an estimated 3.8 million people experienced it in the year ending March 2025.
The Government has been piloting Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs), which give police and courts stronger, more flexible tools to protect victims. These can include exclusion zones, electronic tagging of perpetrators, and compulsory behaviour change programmes.
The pilot has already protected over a thousand victims, and a national rollout has been announced as part of the Government’s strategy on violence against women and girls.
Meanwhile, coercive control — a pattern of manipulative behaviour used to dominate a partner — continues to be an important issue in both children and financial cases. It is a criminal offence, and the courts are gradually developing clearer guidance on how it should affect financial settlements.
Dame Nicole Jacobs has also been reappointed as Domestic Abuse Commissioner until September 2028, ensuring continued independent oversight in this area.
What Happens to Pets When Couples Split?
This might sound light-hearted, but for many families it’s anything but. Under current English law, pets are technically classified as property — like a piece of furniture — rather than as family members.
However, a recent case (FI v DO) saw the court take a broader view, considering not just who owned the dog but who the dog was most bonded with and who provided its day-to-day care.
A working group called “Pets on Divorce” has been set up to look at whether the law should change. Some countries already treat pets as having a special status in family proceedings, and there’s growing interest in whether England and Wales should follow suit.
Looking Ahead
2026 promises to be a pivotal year for family law. The planned consultation on cohabitation and financial remedies alone could reshape the legal landscape for millions of people.
If any of these issues affect you, it’s worth seeking early legal advice. Understanding your rights — and how they may be about to change — puts you in the strongest possible position.
If you’d like to discuss how these developments might affect your situation, get in touch with our family law team today.