As the dust settles on 2025’s landmark cases, coupled with parenting reforms, attention is shifting to what comes next for families navigating separation. From financial reform and the rise of nuptial agreements to growing concerns over access to justice, Emma Collins, partner and family lawyer at Weightmans, reveals that 2026 is shaping up to be a year of change across the family law landscape.
This past year brought significant change to the family justice system, notably relating to domestic abuse, with the introduction of Domestic Abuse Protection Orders (DAPOs) and plans to repeal the presumption of equal parental involvement. As 2026 approaches, attention is shifting to how families arrange their finances and resolve disputes more effectively.
In the year ahead, we expect consultation on financial arrangements for both married and unmarried couples, continued growth in the use of nuptial agreements, wider adoption of One Couple One Lawyer services, and mounting pressure on the family courts that risks deepening the divide between public and private pathways.
Finances for married and unmarried couples
Following recent announcements, we anticipate that the government will begin consulting on how the law deals with finances when relationships end. The aim is to reduce uncertainty and produce more predictable outcomes for married couples.
For unmarried couples, calls for reform have been made for many years. Claimants must rely on property or trust law or make limited claims related to children. This can be confusing, complex and expensive. Reform could bring forward a simpler, more practical system that reflects the realities of modern family life, particularly where one partner has taken on unpaid caring responsibilities.
A more joined-up approach would help many families find fairer and faster solutions.
The role of nuptial agreements
Nuptial agreements are becoming more common and that trend is expected to continue.
With the government’s inclusion of nuptial agreements within the proposals for consultation, we may see proposals to give these agreements a more formal legal status if they meet clear safeguards. Even without new legislation, more couples are turning to nuptial agreements for clarity and peace of mind, particularly post the Supreme Court’s decision in Standish.
The most effective agreements can be those that anticipate change. For international families in particular, advice must consider how agreements will be treated across multiple jurisdictions. Ultimately, the agreement should reflect the couple’s shared values and protect both parties but there is no escaping that the financially stronger party is often in the driving seat.
Growing concerns around two-tier justice
Court delays continue to affect families across England and Wales. For those with financial means, private processes such as arbitration or private dispute resolution offer speed, certainty and tailored outcomes. These can often be concluded significantly more quickly than court-led litigation.
Those without similar resources must rely on a court system under increasing strain. The result is a growing divide. Without renewed investment, that gap will only widen.
Yet there are still steps practitioners can take to improve access and reduce pressure on courts. An early holistic assessment will help families understand their options. Safe and supported alternatives to litigation can be encouraged. Better signposting to resources also has an important role.
The government has a key part to play. Expanding the focus on non-court services, not limited solely to mediation, restoring early legal advice schemes, investing in judicial capacity and court efficiency, would all help ease the burden on courts while maintaining the integrity of the justice system.
The rise of One Couple One Lawyer
An increasing number of separating couples are choosing to work with a single lawyer who supports them both in reaching a joint outcome. Many are drawn to the lower cost, quicker process and more constructive tone. Reducing conflict can help children too.
These services are not suitable in every case. Domestic abuse, safeguarding issues or a clear imbalance of power will rule this model out. But where appropriate, it offers a structured and transparent process. Both parties provide full financial disclosure, and the lawyer explains the law, issues and options to both clients and helps them explore solutions. If an agreement cannot be reached, the couple can pause the process to attend arbitration or a settlement meeting.
By 2026, we expect to see the provision of this service increase as training opportunities develop, and to see a greater consistency of the quality of these services across the sector, with clear documentation, enhanced training and strong oversight.
About the author
Emma Collins leads the Individuals Services segment at Weightmans. With over 30 years practising exclusively in family law, she advises HNW and UHNW clients, bringing both strategic clarity and sensitivity to complex family disputes.
