Divorce reforms face further delays in England

Families across England are grappling with the frustrating news that key reforms to divorce and cohabitation law will not be discussed until spring 2026. This announcement from the Ministry of Justice has reignited concerns among solicitors and members of the House of Lords, who have been advocating for necessary updates to the legal framework that governs family relationships. As delays in court cases persist, many separating couples report feeling overwhelmed by financial and emotional pressures, as the average private law case now takes approximately 41 weeks to resolve.

Mackrell LLP's Alison Green, who leads the Family and Relationship Team, expressed her concerns, stating "Families are already under an incredible amount of pressure right now. Cases are taking nearly a year to get through the courts, which means couples are left in limbo over finances, child arrangements, and their future lives. The system is stretched and having to wait even longer for a consultation for reform is likely to make matters worse." This delay comes amid criticisms that the current laws do not adequately reflect the realities of modern relationships, particularly for unmarried couples who often mistakenly believe in the protections of common law marriage.

The forthcoming consultation is poised to cover essential topics such as financial remedies, cohabitation rights, and the legal status of prenuptial agreements. As Green highlights, "There are still many people in England who believe in the idea of common law marriage... This is very much a myth." Many cohabiting partners lack automatic legal rights, which often surprises individuals when they face the reality of a relationship breakdown. Green notes, "I have seen cases where a party reconsiders leaving the relationship given how much they would lose if there were a separation."

Despite the hesitance in legal reforms, the call for a more consistent approach to marriage, civil partnerships, and cohabitation is growing louder. Green suggests that unmarried couples should protect themselves through "a cohabitation agreement in place. It sets out who owns what, how finances will be handled and what happens with everything if they break up." This advice seeks to alleviate disputes and provide clarity in the unfortunate event of separation.

Moreover, the push for legally binding prenuptial agreements has gained traction, particularly in light of the strong cross-party support within Parliament. Green mentions, "There’s a real appetite across Parliament to see prenuptial agreements properly recognised." Many countries have already embraced legally binding prenuptial contracts, and this shift could lead to greater reassurance and reduced litigation costs for couples in England.

As families await changes, Mackrell LLP continues to provide valuable support to clients navigating complex family law issues. Green emphasizes the importance of understanding current rights amid the uncertainty: "Until new laws are introduced, couples need clear advice on their current rights." They encourage exploring alternative dispute resolution methods, including mediation and collaborative law, to achieve fair outcomes more efficiently.

In an era where the family law landscape remains dynamic, the urgent need for reform becomes increasingly evident. Families are left to grapple with outdated laws while facing real and pressing challenges in their lives.