Our family team are proud members of Resolution, the national body of 6,500 family lawyers committed to the constructive resolution of family disputes.
As members we have campaigned with Resolution to the Government about the need to look at reform towards ending the endemic unfairness for cohabiting couples. The Law Commission’s 2024 scoping report identified a lack of certainty and accessibility in the current law.
To address this the government have now opened a consultation on reform affecting families when relationships end. It invites views on a 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.
The Head of our Family Department Wendy Wharton, during her years as a member of Resolution, has met with two members of parliament to help take the message to the government of the day and champion how important it is to create a system that is fit for modern society. Both David Morris, who was MP for Morecambe, and most recently last year Tim Farron MP for Westmorland and Furness, took the message to Parliament on her behalf.
All the work Resolution and its members have done is a testament to their hard work, as the government have now listened. As professionals who see people dealing with the fallout of the current lack of legal protection, we know just how much these reforms are needed. 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).
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.
This consultation will allow 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.
This consultation is open to the public. We would be particularly interested to hear from academics, family law practitioners, the Family Courts’ judges and magistrates, Parliamentarians, support organisations and members of the public who have an interest in the law regarding cohabiting couples and financial provision on divorce in England and Wales. To take part, email frcohabconsultation@justice.gov.uk. The consultation ends at 11:59pm on 14 August 2026.
We at Milne Moser will continue to be involved, and we would encourage any of you who have experienced such imbalances, or are in such situations right now, to have your say. We will keep a close eye on this consultation and hope that changes are made to the law to help cohabitants.
