Consultation proposes reforms to divorce, cohabitation and inheritance laws in England and Wales
A Fairer End to Relationships is at the centre of a new government consultation that could reshape how financial matters are resolved when relationships end in England and Wales. The Ministry of Justice has launched the consultation to gather views on proposals covering financial remedies on divorce and dissolution, financial provision for cohabitants who separate, and inheritance rights for cohabitants when a partner dies without leaving a will.
The consultation opened on 5 June 2026 and will remain open until 14 August 2026. It invites responses from legal professionals, academics, members of the judiciary, family mediators, support organisations, parliamentarians and the wider public.
According to the Ministry of Justice, the proposals bring together three connected areas of family law that affect people when relationships come to an end. The government says the aim is to improve certainty, accessibility and fairness within the legal framework while ensuring that reforms reflect modern family life.
One section of the consultation focuses on financial remedies following divorce or the dissolution of a civil partnership. The government is seeking views on a “codification-plus” model, which would place well-established principles developed through case law into legislation. These include concepts such as “needs” and “sharing”, which currently play a significant role in financial remedy cases before the courts.
The consultation also examines whether qualifying nuptial agreements should become legally binding. Under the proposal, couples could make enforceable financial arrangements before a marriage or civil partnership ends, providing greater certainty over how assets may be divided in the future.
Another major part of the consultation addresses the legal position of cohabiting couples. The Ministry of Justice notes that current law provides only limited financial protections when unmarried couples separate, despite the growing number of people choosing to live together without marrying or entering into a civil partnership. It says this can leave some individuals facing financial hardship when relationships break down, with women, children and victim-survivors of domestic abuse, including economic abuse, among those who may be disproportionately affected.
The government is therefore consulting on proposals to introduce a statutory framework governing financial provision for qualifying cohabitants after separation. The consultation document sets out options for reform and seeks evidence on how any new legal framework should operate in practice.
The third strand of the consultation considers inheritance rights for cohabitants where a partner dies without making a valid will. The government is asking whether qualifying cohabitants should have greater protection under the rules governing intestacy, bringing this area of law into the wider review of financial protections at the end of relationships.
Alongside the consultation document, the Ministry of Justice has published an equalities impact assessment, a regulatory impact assessment, a family test assessment and an Easy Read version to support public engagement.
The Ministry of Justice is encouraging interested individuals and organisations to submit their views before the consultation closes on 14 August 2026. Responses will help inform the government’s consideration of whether changes should be made to the law governing financial arrangements following divorce, cohabitation and inheritance in England and Wales.