Modern families come in all shapes and sizes, and they all have different dynamics.

From the legal rights of cohabiting couples and same-sex families to surrogacy and the rise of nuptial agreements, in this week’s blog we’re asking: is family law keeping up?   

Legal rights for unmarried couples

With the proportion of married couples falling below 50% in 2024, it’s clear that making those vows is less of a priority for many couples. This could be for any number of reasons. For one, economics plays a part, with many couples considering a wedding unnecessary or unjustifiable cost. 

Another potential factor is women gaining more economic independence and focusing on career opportunities. Times have changed, and while we’re not looking at total equality just yet, many women now don’t feel they need to be married to achieve financial security. 

However, the fact remains that unmarried couples don’t have the same legal rights as their married counterparts. Regardless of how long they’ve been together, there’s no such thing as a common law spouse.  

Cohabitation reform 

For many years, there have been strong calls for the reform of cohabitation law. Resolution have suggested that once couples have met criteria that they’re in a committed relationship, courts should be g

While it seems that cohabitation law is never off the agenda, we’re yet to see any real commitment to law reform here. 

Same-sex parental rights 

There are now over 200,000 same-sex couple families in the UK, compared to just 16,000 in 1996. 

Despite this, the journey to becoming legal parents of a child as a same-sex couple is still quite a complex process. It’s important to know where you stand legally if your relationship breaks down and you need to consider things like child arrangements. 

Surrogacy 

For those who may not otherwise be able to have a child, surrogacy is an option when it comes to growing a family. However, the complicated nature of surrogacy law is no small task to find your way through. For some people, it’s enough to put them off the process completely. 

If you’re considering surrogacy, we’d seriously encourage you to look at finding specialist legal advice to make sure everyone involved is protected. 

As the number of children born via surrogacy has increased dramatically, there are calls for serious reform and regulation. The Law Commission have made several recommendations, including: 

  • A more straightforward path to parenthood, where the intended parents would legally become the child’s parents at birth. 
  • Regulated routes overseen by Regulated Surrogacy Organisations (RSOs). 
  • Clarity on appropriate payments. 

The rise of nuptial agreements

There’s been an increase in the number of people wanting a pre or post nuptial agreement, despite them still not being legally binding in England and Wales. So, what’s driving the interest? 

Blended families 

For families joining together, pre- and post-nuptial agreements are made to protect the interests of children from previous relationships and any new children that may come along in the new relationship. 

Marriages later in life 

Pre and post nuptial agreements are becoming more popular for those who’ve had difficult experiences with previous divorces. 

In cases where someone has accumulated personal success and wealth, they want to make sure their personal assets are protected before entering into a second or subsequent marriage later in life. 

Considering the above, there’s no doubt that family life has changed. As legal professionals, we want to ensure fair outcomes for every client, regardless of their family structure. That’s why we stay alert to any new changes to the law and will share them with you. 

If you’re concerned about any of the issues discussed here, please contact us for an obligation-free call today.