The government has confirmed that a public consultation on cohabitation, divorce law and prenup agreements will not begin until next Spring at the earliest.

Ministers say it is important to consider these issues in detail and not rush into piecemeal reforms.

In a House of Lords, Justice Minister Baroness Levitt reiterated that the government intends to look at cohabitation rights, financial remedies and nuptial agreements together, rather than deal with them separately. She told peers that consulting on these areas “in tandem” is essential to avoid the risk of creating “new disputes and injustices”, noting that reforms in one area may have unintended consequences elsewhere.

Levitt repeated that the government is committed to a broad review and will not take a “piecemeal approach”.

The debate once again highlighted the strong cross-party appetite for clearer rules on prenuptial agreements. Several peers criticised the delay, pointing out that the Supreme Court in Granatino urged parliament 15 years ago to legislate on prenups, and that many couples—particularly those entering second marriages—are cautious about marrying at all without legal certainty.

Baroness Levitt said nuptial agreements remain under active consideration and would form part of a “consistent framework” designed to put children at the centre of decision-making when relationships end.

Peers also pressed the government on long-promised reform of cohabitation rights. The current law leaves unmarried couples with very limited protection if they split up, even after many years together or after raising children.

The delay to the consultation therefore leaves many couples exposed. Without clearer rules, people entering relationships—whether planning to marry or simply live together—remain uncertain about their rights and obligations.

Lawyers continue to advise couples to take proactive steps: drawing up a prenuptial or cohabitation agreement, keeping clear records of financial contributions, and seeking early advice on how to protect assets. Until the government sets out firm proposals, these measures remain the best available protection should a relationship later break down.

Under the current law, prenuptial agreements are not automatically binding. However, courts will usually follow them where both parties entered the agreement freely, understood its implications and obtained independent legal advice.

For cohabiting couples, the current legal position is even more precarious. Despite the widespread belief in “common-law marriage”, living together does not give partners equivalent rights to those who are married or in civil partnerships. When relationships end, cohabitees have no automatic claim on each other’s property or finances and must rely on complex trust or property law arguments that are often difficult and expensive to prove.

Many couples decide to protect themselves by drawing up living together agreements. These set out in advance how a couple’s assets should be divided if their relationship breaks down. As with prenups, the courts will generally accept them if they are fair to both parties and drawn up with the help of a solicitor.

Please contact us if you would like more information about the issues raised in this article or any aspect of family law.