Ministry of Justice launches consultation on cohabitation and financial remedies reform
Associate Michal Stepniak comments on the Ministry of Justice’s long-awaited consultation on cohabitation reform, which proposes stronger legal protections for cohabitants on separation and clearer rules governing financial remedies on divorce and dissolution.
“Much of our current law on financial remedies has developed incrementally over decades through case law, rather than through a coherent statutory framework. While that has allowed flexibility, it has also created complexity and uncertainty. This consultation is an opportunity to step back and ask whether that piecemeal evolution still serves modern families effectively."
“This consultation is a significant step towards bringing greater clarity and fairness to financial remedies law. The current system is highly discretionary, which can create uncertainty for separating couples. Codifying core principles such as ‘needs’ and ‘sharing’ has the potential to make outcomes more predictable, while still preserving flexibility where it is needed."
“One of the persistent criticisms of the current regime is that outcomes can feel inconsistent and difficult for clients to predict. That is not simply a product of judicial discretion, but of a legal framework that has developed in layers over time. Greater clarity is welcome, but the challenge will be achieving it without over-simplifying inherently complex financial relationships.”
An extract of Michal's comments was published in Today’s Family Lawyer, 8 June 2026.
