MOJ consultation – A fairer end to relationships
As you know, the Ministry of Justice has launched a new consultation looking at three connected areas of reform affecting families when relationships end. The consultation entitled ‘A fairer end to relationships’ forms part of a wider programme to modernise family law.
The government is looking at changes to the law for cohabitants on separation and death and financial arrangements after divorce and dissolution of civil partnerships at the same time because they are closely connected—they all aim to make sure the law reflects modern relationships while protecting the most vulnerable.
At present, when a married couple divorce or a civil partnership is dissolved in England and Wales, there is a statutory framework that enables the family courts to make financial orders to divide the couple’s money and property. No such framework exists for cohabiting couples who separate. Instead, they may need to rely on provisions that were not designed with their circumstances in mind.
You will be familiar with the statutory framework for cohabitants on death: there is no automatic right to inherit when a partner dies without a will. The consultation seeks views on proposals to modernise the law affecting cohabitants on intestacy and on access to financial provision from a deceased partner’s estate.
It’s quite a long consultation document with a questionnaire that runs to 49 questions split into three parts:
- Reforming the law of financial remedies on divorce and dissolution
- Reforming the law for cohabitants on separation
- Reforming the law for cohabitants on intestacy
The government wants to hear from everyone: legal professionals, academics, charities, interest groups, and members of the public.
The consultation runs until 14 August 2026, and I’ll put together a response on behalf of Lifetime Lawyers. If you’d like to contribute your thoughts to the response, please send them to me by email at [email protected] by close of business on Friday 31 July.
I’ll largely be focusing on part 3 but thoughts on any parts of the consultation are welcome.
(Author: Kirsty Limacher, Lifetime Lawyers legal consultant)