Family Law developments in 2026: What can we expect in England and Wales?

We explore likely developments in the following areas:

• Cohabitation law reform
• Nuptial agreements, financial settlements on divorce and civil partnership dissolution
• Increased use of Non-Court Dispute Resolution (NCDR) options
• Children law
• Domestic abuse and coercive control
• Pets

Widescale consultation on finances for unmarried and married couples

Under current law, cohabiting couples have few legal responsibilities for one another, much less protection than married couples or civil partners when they separate and very limited remedies available on relationship breakdown. See the differences between marriage and cohabitation.

Over 3.5 million couples live together, more than double the number 30 years ago, and when such relationships come to an end, many, including children, are left largely without financial security. Many will not even realise that they are left financially insecure until it’s too late.

Longstanding calls for legislative change to reflect current society have gained momentum over recent years. On election in 2024, the Government committed to “strengthen the rights and protections available to women in cohabiting couples”.

However, in November 2025 the Government indicated a desire to consider much wider plans for financial remedies and cohabitation law reform.  A Government consultation is planned to not only consider cohabitation reform but will also explore the challenges identified by the Law Commission in relation to the current law on financial provision on divorce.

The consultation on cohabitation reform and financial remedies will take place in tandem reflecting the desire to bring consistency and fairness across marriage, civil partnerships and cohabitation, recognising that reforms in one area may have implications for the other.

As a manifesto commitment, Baroness Levitt has confirmed that the consultation will start in Spring 2026.

We have previously observed a pattern of proposals for reform in this area being left to fester.  Will we see positive progress this time? We hope so.

Reform, and the rise, of nuptial agreements 

The Government is carefully considering the Law Commission’s 2014 recommendations on nuptial agreements and this issue will be included within the consultation proposed for early next year. It is likely that the Government’s priority in considering nuptial agreements is ensuring such agreements provide certainty and fairness for both parties while protecting the interests of any children.

The Supreme Court case of Standish, coupled with the Court of Appeal’s decision in Helliwell v Entwistle, highlighted how nuptial agreements are widely regarded as the best method of financial protection for married parties but only if entered into with rigour and compliance with the safeguards widely adopted following the 2010 House of Lords decision in Radmacher and the 2014 Law Commission recommendations.

See developments post Standish and Helliwell v Entwistle

The inevitable rise of two-tier justice

In September 2025 the President of the Family Division announced that sitting days in the London Financial Remedies Court will need to be reduced, with the result that even more hearing dates will be lost and trials moved at short notice.

With increasing uncertainty about the availability of court time up and down the country, more and more parties are turning to ‘private justice’ — the funding of a private Judge to adjudicate a final hearing by way of arbitration, FDR (court assisted negotiation) or to resolve issues by early neutral evaluation, prior to a court application being made.

These hearings are collectively known, somewhat arbitrarily, as ‘non-court dispute resolution’. However, there is a significant difference between the dispute resolution options designed to promote solutions between parties, without the need for a matter to be resolved by a court — such as mediation, collaborative law and the increasingly popular, One Couple, One Lawyer model — and those that hive off litigation from the court system to a paid-for service.

These private services can only be reached by those who can afford it, much like nuptial agreements.

Without significant court service reform, private justice will continue to grow.

The increasing popularity of One Couple One Lawyer services

‘No-fault’ divorce opened the door to the possibility of one lawyer acting for both parties.

The ‘One Couple One Lawyer’ approach emphasizes collaboration, cost-efficiency and emotional well-being over adversarial tactics. While it may not be suitable for every couple, it offers a promising alternative for those seeking an amenable end to their marriage or relationship. Our expectation is that this option will continue to grow in popularity in 2026 as:

• One Couple One Lawyer aims to maintain or even strengthen relationships between the parties involved.
• Litigation can be costly and uncertain, with legal fees paid by both parties and the potential for lengthy legal battles. Using one lawyer can be much more cost-effective, reducing unnecessary expenses.
• The parties are empowered to craft their own tailored solutions rather than relying on a judge's decision. This results in outcomes that better align with the unique needs and priorities of the family.
• It can lead to much quicker resolutions, enabling parties to move forward with their lives sooner than would be the case with litigation.

Children law

Pathfinder courts

In 2022, the ‘Pathfinder’ scheme was piloted in specific courts and introduced a more investigative approach to the increasing numbers of child arrangement applications. The process features gatekeeping and early information gathering to enable earlier triaging decisions and engagement with parents. The courts are encouraged to ascertain the wishes and feelings of the child more clearly and conduct a more holistic, multi-agency approach developing working relationships with local partners, such as mediators and local authorities to support families.

The pilot was extended during 2025 and is planned to continue in 2026.

Repeal of the presumption of parental involvement

The Government plans to repeal the presumption of parental involvement in child arrangement disputes. The announcement, made in October 2025, was based on new evidence which shows that in some serious cases, abuse can be perpetuated if there is an assumption that it is always in the best interests of a child to have the involvement of both parents in their lives. The repeal is intended to be ‘a key part of [the Government’s] package of family court reforms which will protect children’.

The Pathfinder courts have been piloting a proposed reform, a "safety pathway" that prioritises safety over any presumption of contact or ongoing parental involvement.

Domestic Abuse

The ONS estimated that 3.8 million people experienced domestic abuse in the year ending March 2025. 

Domestic Abuse Protection Orders pilot

At the end of 2024, the Government initiated a pilot programme introducing Domestic Abuse Protection Orders (DAPO) and Domestic Abuse Protection Notices (DAPN) to enhance protections for domestic abuse victims. The measures aim to protect individuals from all forms of domestic abuse, including physical, psychological, stalking, and coercive control.

DAPNs are immediate protective measures issued by the police following a domestic abuse incident, imposing instant restrictions on perpetrators. Subsequently, authorities can apply to the Magistrates' Court for a DAPO, which may include conditions such as exclusion zones, electronic monitoring, and mandatory attendance in behaviour change programs. The hope is for the new tools to provide a unified and robust approach to safeguarding victims across civil, criminal, and family courts.

The pilot has demonstrated the value of DAPOs in creating a more consistent and flexible framework for protecting victims and managing perpetrators. The Ministry of Justice announced in November 2025 that more than a thousand victims of domestic abuse had been protected in the regions operating the DAPO pilot.

There are some practical and legislative challenges that must be addressed if the reforms’ potential is to be maximised. With targeted amendments to the legislation and continued collaboration, DAPOs could play an even greater role in improving safety, accountability, and long-term outcomes for those affected by domestic abuse. It is anticipated that the pilot will continue to be rolled out, hopefully nationally.

Domestic abuse commissioner

Dame Nicole Jacobs has been recently reappointed for a further term as Domestic Abuse Commissioner for England and Wales. She will remain in post until September 2028. Under the Domestic Abuse Act 2021, the Domestic Abuse Commissioner is an independent voice that champions the voices of victims and survivors, engaging people with lived experience to help shape government policy and make recommendations on what more can be done to tackle domestic abuse. The commissioner will continue to use statutory powers to raise public awareness and hold both agencies and government to account in tackling domestic abuse.

Coercive Control

Coercive control continues to feature in many of cases, relating to both children and financial issues. Often thought of as a silent abuse, coercive control is a pattern of behaviour used by one partner against the other to influence how they behave. Coercive control is a criminal offence.

Whether coercive control amounts to “conduct”, one of the factors that can influence a financial settlement, remains a case-by-case decision for the court to determine. It is expected that reported case law will continue to build in this area. The Government has indicated it will carefully consider what the Law Commission have to say about how conduct will be treated in financial remedy proceedings.

Pets

Finally, how pets are dealt with on divorce is a continuing area of development. While pets are often seen as beloved family members, English law classifies them as chattels (items of personal property), when considering who keeps our furry friends. The court will not ordinarily address issues beyond ownership, such as care arrangements.

However, the recent case of FI v DO brought attention to this issue, when the court looked beyond simple ownership and considered welfare issues and who the dog saw as its carer. It is expected that more judges may be willing to use their discretion in deciding pet ownership issues, but the case does not change the underlying ownership presumption.

A working group, Pets on Divorce, has been established to review the fair treatment of pets on separation. Some parts of the world treat pets as a family member with special status to be determined on divorce, and it will be interesting to see if the UK follows suit.