What 2026 Could Mean for the Family Justice System

Created: 13 January 2026

As the effects of landmark cases and parenting reforms from last year begin to settle, attention is turning to what lies ahead for families navigating separation. From financial reform and the growing use of nuptial agreements to concerns around access to justice, 2026 is shaping up to be a year of significant change across the family law landscape.

Recent developments, particularly in relation to domestic abuse, have already shifted the direction of the family justice system. The introduction of Domestic Abuse Protection Orders (DAPOs) and proposals to repeal the presumption of equal parental involvement point to a more nuanced approach. Looking ahead, the focus is expected to move towards how separating couples manage their finances and resolve disputes more effectively.

Consultation is anticipated on financial arrangements for both married and unmarried couples, alongside continued growth in nuptial agreements, wider adoption of the proposed ‘one couple, one lawyer’ services, and increasing pressure on the family courts. Without reform, this risks deepening the divide between public and private routes to justice.

Financial reform

The Government is expected to consult on reforming the financial framework for married couples to reduce uncertainty and create more predictable outcomes. For unmarried couples, reform is long overdue. The current reliance on property and trust law, or limited child-related claims, is often complex, costly and ill-suited to modern family life, particularly where unpaid caring responsibilities are involved. A clearer, more practical framework could support fairer and faster resolutions.

Nuptial agreements

Nuptial agreements continue to rise in popularity and are likely to play a greater role in future financial planning. Proposals to formalise their status, subject to safeguards, may deliver greater certainty. Even without legislative change, couples are increasingly using nuptial agreements to provide additional clarity. The most effective agreements anticipate change and, for international families, take account of how they may be treated across different jurisdictions.

Access to justice

Court delays remain a significant issue. While private dispute resolution offers faster and more tailored outcomes for those who can afford it, many families must rely on an overstretched court system, raising concerns about a two-tier approach to justice. Early assessment, enhanced signposting and supported alternatives to litigation can help, but government investment in non-court services, early legal advice and court capacity will be vital.

One Couple One Lawyer

More couples separating are opting to work with a single lawyer to achieve a joint outcome, attracted by lower costs, quicker resolution and a less adversarial process. This approach is not suitable in all cases, particularly where there are safeguarding concerns or power imbalances, but where appropriate, it offers a structured and transparent alternative. This model is expected to become more widely available throughout this year, supported by improved training, clearer standards and stronger oversight.

Now that 2026 is underway, the family justice system finds itself at a pivotal moment. With financial reform under consideration, changing approaches to dispute resolution and continued pressure on the courts, this year presents a real opportunity to build a system that is clearer, fairer and better aligned with modern family life. The extent of progress made will depend on meaningful reform, sustained investment and a continued commitment to resolving family disputes in ways that prioritise safety, accessibility and long-term outcomes for families.