On 10 November 2025, the House of Lords debated potential reforms to financial provision on divorce. During the debate, Baroness Levitt confirmed that the Government intends to consolidate its promised review of cohabitation law with a broader review of divorce law and prenuptial agreements.
The debate was initiated by Baroness Deech following the Law Commission’s Financial Remedies Scoping Report, published in December 2024. That report outlined four possible approaches to reforming financial remedies on divorce:
1. Codification of Existing Law
A straightforward restatement of the current legal framework.
2. Codification-Plus
Incorporating consideration of complex issues such as:
- Enforceability of nuptial agreements (previously examined by the Law Commission in 2014)
- Limits on spousal and child maintenance duration
- The role of conduct in proceedings, including domestic abuse
- Pension sharing and limitation periods
3. Guided Discretion
Similar to codification-plus, but retaining judicial discretion while clearly defining the principles guiding its application.
4. Default Regime
A model used in some jurisdictions, typically involving a community property approach, subject to defined exceptions.
The 10 November debate marked the first time the House of Lords had considered the report since its publication, with the expectation that legislative action might follow. Instead, the Government announced that reforms in one area may have implications for another, and therefore committed to a combined consultation on cohabitation and divorce law, with a consultation paper expected by Spring 2026.
Key Themes from the Debate
Prenuptial Agreements
Baroness Shackleton urged the Government to legislate on nuptial agreements separately from wider financial remedy reform. She noted that it has been 15 years since Radmacher v Granatino, and in her view, judicial treatment of prenuptial agreements has regressed rather than progressed.
Religious Courts
Lord Mendelsohn highlighted concerns about certain religious courts, warning that their practices can amount to coercive control. He cited instances where such courts have purported to vary financial settlements and child arrangements already approved by civil courts. He stressed that any future legislation must ensure these bodies do not exceed their jurisdiction.
Flexibility preferred when looking at reform
Baroness Butler-Sloss supported reform but emphasised the need for flexibility to accommodate the wide range of cases before the divorce courts. She cautioned against adopting the Scottish model, which limits spousal maintenance to three years, arguing that this could disadvantage spouses in longer marriages with significant income disparities. This perspective aligns with the codification-plus approach, which was also favoured by Lord Meston and Lord Marks. Those Lords who took part in the debate were almost universally in favour of a flexible approach aligned to Codification-Plus.
Next Steps
The Government is now preparing a consultation on cohabitation and divorce reform, with the consultation paper scheduled for publication by Spring 2026.
If these changes might affect you and you would like to discuss these changes further please get in contact with our Family Law team.