‘A Fairer End to Relationships’ Consultation
On 5th June 2026, the Government opened its consultation, ‘A Fairer End to Relationships’, bringing together proposed reforms to financial remedies on divorce, cohabitation, and intestacy. The consultation is open until 14th August 2026 and is being conducted via this link.
The consultation represents a consolidated attempt to address what the Government describes as a system that has not kept pace with modern family life, particularly in relation to the financial consequences of relationship breakdown for cohabiting couples.
The Structure of The Consultation
The Government’s consultation is divided into three linked areas:
Reform of financial remedies on divorce
Introduction of a statutory framework for cohabitants on separation
Reform of intestacy rules for cohabitants
These are presented as interrelated reforms aimed at improving consistency across the law governing financial provision at the end of relationships.
Reform of Financial Remedies on Divorce
In relation to divorce, the Government proposes a “codification-plus” model of reform. The aim is to place into statute established principles derived from case law, including needs and sharing, in order to improve clarity and accessibility.
The consultation sets out:
A starting point of equal division of matrimonial property, subject to departure to meet needs
A structured approach to assessing needs, with child welfare as the first consideration
Capital and income needs to be assessed in a staged framework
Retention of existing financial remedy orders
Alongside this, the consultation seeks views on introducing ‘qualifying nuptial agreements’. These would make pre- and post-nuptial agreements legally binding, provided specified safeguards are met, moving away from the current position in which such agreements are only persuasive.
Statutory Framework for Cohabitants on Separation
The most significant aspect of the consultation is the proposal to introduce a statutory framework for financial claims by cohabitants on separation.
The Government states that the current law can leave cohabitants facing financial hardship when relationships end, particularly where there are children or where one party is economically vulnerable.
Under the proposals, a new scheme would apply to “qualifying cohabitants”. The criteria includes:
At least three years’ cohabitation, or a child together
A requirement that the relationship is a “committed, romantic relationship”
A two-year time limit for bringing claims after separation
Both parties being aged 18 or over
The framework is expressly needs-based. The consultation confirms there would be no presumption of equal sharing, and that any award would be aimed at addressing financial need rather than mirroring divorce outcomes.
The consultation also states that maintenance orders would only be available in limited circumstances, with an emphasis on achieving a clean break where possible.
Importantly, the Government proposes that couples should be able to opt out of the framework, subject to safeguards intended to ensure that agreements are entered into freely and without coercion.
Interaction with Existing Law: TOLATA
The consultation makes clear that the proposed statutory scheme would not replace existing property law remedies. TOLATA 1996 would remain in place.
Instead, qualifying cohabitants would be able to access a new family law-based route, including property adjustment orders similar to those available on divorce. Those outside the scheme, or who opt out, would continue to rely on existing trust and property principles.
The consultation acknowledges that this raises questions about how the two regimes will operate alongside each other in practice.
Reform of Intestacy Rules for Cohabitants
The third strand of the consultation concerns inheritance on death. At present, cohabitants have no automatic entitlement under the intestacy rules. The Government proposes reform so that qualifying cohabitants would inherit where a partner dies without a will.
The consultation considers whether a qualifying period should apply, with options including five years of cohabitation or no requirement where there is a child of the relationship.
The Government also notes that any reform would need to consider the interaction with existing claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Policy Rationale
The consultation foreword emphasises that the reforms are intended to reflect changes in family formation and to address what is described as a lack of protection for cohabiting couples and their children.
It also highlights concerns about vulnerability, including economic abuse, financial dependency, and the impact of separation or bereavement where no legal protections currently exist.
At the same time, the Government states clearly that marriage will continue to have a distinct legal status, and that any cohabitation framework would be narrower in scope than the matrimonial regime.
Conclusion
The ‘A Fairer End to Relationships’ consultation sets out a package of reforms that, if implemented, would introduce for the first time a statutory financial framework for cohabiting couples on separation, alongside codification of financial remedies on divorce and reform of intestacy rules.
While the proposals remain subject to consultation, they signal a clear policy direction towards greater legal recognition of cohabiting relationships, and a more structured approach to financial provision at the end of relationships more generally.