‘A Fairer End to Relationships’: Government Proposals for Reform of Financial Remedies on Divorce and Cohabitation

For many years there have been strong movements to reform, improve and make clearer and more certain the law relating to financial outcomes on divorce. It has been the subject of several Law Commission reports. In early June 2026 the UK government produced a consultation paper with a very fast response date. Separately and again over very many years there have been campaigns to improve the position of those cohabiting at the time of any breakdown of the relationship or death. The rights and entitlements of cohabitants have been significantly different to divorce and far less than in a number of other countries. The UK government in its consultation paper has proposed legislative reforms for cohabitation which they say is distinctly, and perceived to the public to be, different from that pertaining on divorce. In practice in my very considerable experience of the law there is no meaningful difference. Moreover and sadly, I’m not so convinced now from what I have seen in this consultation process that the reforms will produce a more certain, predictable and fairer law on divorce, although there are commendable proposed reforms. This paper is produced as part of the consultation process, as part of my anticipated response and to inform generally.

I am a specialist family lawyer throughout my career; a solicitor, mediator and arbitrator and, since 1995, a part-time family court judge. I have an OBE for services to international family law and I am an honorary KC. Most of my work especially over the last 20 years has been complex financial remedy and international cases. I was in the 1990s the chair of the resolution financial remedy reform committee and I am presently a member of the Law Society family Law committee. I am an Australian solicitor and I have a good awareness of systems of law around the world. This paper represents my personal opinions and not of any organisation with which I’m connected. More details in the appendix.

The full paper is attached as a pdf.