Is the law keeping up with modern family life?

28 November 2025

From cohabiting couples and blended families to grandparents raising grandchildren, modern family life looks very different from the traditional picture the law was built around.

With this being the case, is it time that the law caught up? And if so, what change is needed most urgently?

Why is change needed?

The legal framework around family law in England and Wales has remain largely unchanged for some time.

Whilst smaller amendments have been made here and there and new precedents have helped to establish the practical application of the law, the legislation hasn’t had a significant shake up in years.

In fact, the largest change to family law, the introduction of no-fault divorce, was introduced more than three years ago and only after many years of campaigning.

However, many in the profession, including members of family law association Resolution – of which I am a member – are calling for change in many other critical areas that reflect modern family life.

Here is what the data says about modern relationships:

• Cohabitation is mainstream – The UK had an estimated 3.5 million cohabiting couple families in 2024 according to the Office for National Statistics, that is 17.7 per cent of all families. Married couples remain the largest group at 65.1 per cent, but their share has fallen over the last decade.
• Blended families are common – On Census Day 2021, 8.8 per cent of dependent children (1.1 million) lived in step-families. Over half of stepfamilies with dependent children were blended families, meaning they included children who were both biological and step-children of the couple.
• Grandparents as primary carers – Census 2021 also identified that around 121,000 children in kinship care in households of five or fewer, with an estimated 141,000 when larger households are considered. 59.2 per cent lived with at least one grandparent.

These are not fringe cases. They are everyday realities that test rules designed for a traditional “nuclear family”.

The cohabitation gap in law

Cohabiting partners still have no general legal status on separation or death. There is no such thing as a “common law marriage” in England and Wales, despite this persistent myth, and many of the rights and protections that flow automatically from marriage or civil partnership do not apply.

This means that on separation cohabitants cannot apply for spousal maintenance or rely on the Matrimonial Causes Act 1973.

Financial claims are instead pieced together through property and trusts law, often under the Trusts of Land and Appointment of Trustees Act 1996, and through Schedule 1 of the Children Act for children’s needs.

On death without a will a surviving cohabiting partner does not inherit under the intestacy rules, unlike a spouse or civil partner.

Finally, the Inheritance Tax spouse or civil partner exemption does not apply to unmarried partners. Transfers between spouses or civil partners are generally exempt, but not between cohabitants.

Resolution, the national community of family justice professionals, has long campaigned for cohabitation reform so that cohabiting couples have at least some basic rights on relationship breakdown or death.

Blended families, step-parents and grandparents’ rights

For step-parents who play a day-to-day parenting role, parental responsibility is not automatic.

It can be obtained by agreement under section 4A of the Children Act 1989, or by a court order.

This is workable, but it still assumes the traditional model unless a family takes proactive steps.

Unfortunately, many routine systems in schools, healthcare and travel still assume two legal parents unless told otherwise. That mismatch creates friction for many modern families.

There has also been a steady rise in grand parents becoming primary caregivers, but their rights aren’t as enshrined as parents.

We know first-hand that practical support and legal routes to secure a child’s status with carers can be complex and uneven, often requiring Special Guardianship Orders or child arrangements orders.

Policy development is ongoing, but the everyday reality is that grandparents frequently shoulder parental roles within frameworks built for parents in a traditional household.

Where the law still centres the traditional family

Taken together, the data and practice show a consistent theme:

• Legal rights centre on marriage or civil partnership, not cohabitation
• Parental responsibility and authority still default to two legal parents unless an order or formal agreement is secured via the courts

In short, the law is catching up, but only slowly and not at the same pace as societal change. Looking ahead many family lawyers would like to see:

• A clear statutory framework for cohabitation – Resolution’s proposals would provide baseline rights and responsibilities that reflect modern family life and reduce hardship on separation or death.
• Streamlined recognition for carers in blended and kinship families – Make routes to secure parental responsibility simpler and more consistent for those already providing day-to-day care.

Guidance on modern family life

Until we have these reforms in place it is important for families to seek professional legal advice.

As Resolution members, our family team is committed to constructive, child-focused solutions and we can:

• Advise cohabiting partners on cohabitation agreements, property rights and inheritance planning alongside colleagues from our Private Client department.
• Secure parental responsibility for step-parents and guide grandparents through child arrangements, kinship and special guardianship routes.

If your family does not fit the traditional mould, the law should still work for you. Get in touch to speak to one of our family solicitors about your options.