Family Law Forecast 2026

It’s that time of year again: New Year’s resolutions, fresh diaries, and the annual belief that this year everything will be different. For family law practitioners however, it remains to be seen whether the court system will embrace the “new year, new me” mindset, but the law itself might just be flirting with a makeover.

So, what lies ahead?

Sitting this one out

In September 2025, the President of the Family Division announced that the allocation of sitting days in the Financial Remedies Court between October 2025 and March 2026 will be reduced. The direct consequence is that some hearings will be postponed and trial dates double-booked, effectively turning the listing process into a game of hearing roulette.

For those who have already patiently queued in the backlog, completed applications, filed statements, paid for valuations, jumped through procedural hoops, carried the anxiety and paid the fees, the prize may simply be an adjournment on just a few days’ notice. The sting in the tail: the court will not be responsible for the costs incurred in preparing for a trial.

What happens after March remains to be seen. Small wonder, then, that parties are increasingly looking for a route out of the court queue. Enter:

NCDR = Faster justice (if you can afford it)

If the courts are slowing down, it is hardly surprising that Non-Court Dispute Resolution (“NCDR”) is speeding up.

For those who can afford it, “paying for resolution”, whether through mediation, arbitration or a private FDR, is starting to look less like a luxury and more like the only realistic route to timely finality.

NCDR offers obvious advantages: parties can select their tribunal (often an experienced financial remedies specialist), agree the date, time and venue, and choose somewhere with slightly less drab lighting and a decent sandwich platter.

However, for those who cannot afford private routes, or where parties are so divided they cannot even agree on NCDR options, there is no equivalent fast lane. That raises concerns about access to justice and the creeping development of a two-tier system (think NHS vs private healthcare). There is also a wider issue: if increasing numbers of cases are resolved behind closed doors, the law might risk drifting away from the realities of practice.

New Year, New Law?

But it’s not all doom and gloom. The forthcoming Government consultation, expected in Spring 2026, will examine several hot topics, including:

1. Cohabitation: looking at how to provide legal protections for cohabiting couples when relationships end, addressing the current gap that leaves many, particularly women and children, financially vulnerable.
2. Nuptial agreements: the Government will be considering the Law Commission’s proposals from 2014 (yes, you read that correctly, cast your mind back to a time before Donald Trump, a global pandemic, and ChatGPT). The consultation will examine whether, and if so how, such agreements can provide certainty and fairness for both parties whilst protecting children’s interests. See Marcus Dearle’s ICLG 2026 article on nuptial agreements for more.
3. Conduct: given that tackling violence against women and girls is a Government priority, the consultation will carefully consider how conduct, particularly domestic abuse and coercive control, should be treated in financial remedy proceedings.

Notably absent from the list, however, are pets. Our furry friends are still patiently waiting to be upgraded from chattels to cherished family members. The recent case of FI v DO [2024] EWFC 384 brought renewed attention to this issue and, whilst the law continues to classify animals as property, questions of practical reality and emotional welfare may now be considered, rather than simply focusing on “who paid for the dog?”.

And finally, in children law the Government plans to repeal the presumption of parental involvement in child arrangement disputes. Announced in October 2025, the change follows new evidence suggesting that, in serious cases, the presumption can inadvertently keep children and survivors tied into ongoing abuse. Justice Minister, Baroness Levitt KC, said “repealing the presumption is a key part of our [the Government’s] package of family court reforms which will protect children.” Additional commentary is provided in Marcus Dearle’s contribution to an article in Tatler, with his insight on this issue going back to an article for The Times in 2004.

All told, whilst 2026 looks set to be a year of case management challenges, there is also potential for law reform and cautious optimism.