Separating from a partner is stressful enough without wondering whether the rules will change halfway through. If you’re married, living with a partner or planning a wedding, you may have seen headlines about a major shake-up of family law and wondered what it means for you.
The government’s “A Fairer End to Relationships” consultation closed in August 2026, and its proposals could affect how finances are dealt with when couples in Wales separate. Nothing has changed yet, but here is what’s on the table, in plain English.
What Is Being Proposed?
The consultation covers three main areas: how finances are divided on divorce, what rights unmarried couples should have when they separate, and whether pre-nuptial agreements (prenups) should become legally binding.
At the moment, divorce courts have wide discretion and there is no single, clear rulebook for most couples. The government is looking at putting the principles judges already apply into law, so outcomes are easier to predict.
Equal Sharing of Matrimonial Property
The headline proposal is that “matrimonial property” would be shared equally as a starting point. This means assets built up during the marriage, such as the family home, savings and pensions built up during the relationship.
Equal sharing wouldn’t always be the final answer. The proposals say the split could move away from 50/50 where one person’s needs require it, with the needs of any children coming first. Property that was owned before the marriage, or inherited or gifted, would be treated differently, which is often where the most heated disagreements arise.
Binding Prenups
Prenups are currently not legally binding in England and Wales, although courts can give them weight. The consultation proposes “qualifying nuptial agreements” that would be binding, as long as safeguards are met. These include:
- the agreement being made as a formal deed
- signing at least 28 days before the wedding
- full financial disclosure from both sides
- independent legal advice for each person
Even then, an agreement wouldn’t be able to leave someone unable to meet their basic needs.
What Happens Next?
The government is now analysing the responses, and there is no confirmed timetable. Proposals can change, or never become law at all. For now, the current rules apply, and it’s sensible to plan around those.
That said, if you’re thinking about a prenup, a cohabitation agreement or a will, you don’t need to wait. Agreements made today still carry weight, and they are likely to remain a useful starting point if the law changes.
How Dudden Law Can Help
Our family team in Cardiff supports couples across South Wales through divorce, separation and planning ahead. As members of Resolution, we take a constructive, non-confrontational approach, because getting legal advice doesn’t have to mean a fight.
Whether you’re married, living together or about to marry, we can explain where you stand now, what the proposals could mean, and whether a prenup, cohabitation agreement or updated will would give you more certainty. We’ll keep you informed as the picture becomes clearer.
Insights from Megan Waugh, Dudden Law Solicitors
