Family Disputes
Trends and insights 2026
PN v SA – a turning point for coercive control in financial remedies?
One of 2025's most significant matrimonial finance cases was PN v SA, in which we secured an award of £238.78m for our client – the largest of the year and the third highest in English legal history. The case's importance goes far beyond the headline figure, however.
The decision signals greater willingness by the Family Court to scrutinise the fairness of marital agreements where one party has exerted undue influence or control over the other. The court recognised that there does not need to be a 'blow up' event or interaction for a party's free will to be eroded – coercive and controlling behaviour is insidious.
There is an ongoing debate as to how much weight courts should give to domestic abuse and coercive control when deciding financial awards on divorce. We anticipate that PN v SA could pave the way for a broader shift in approach in 2026: it is an example of the court analysing the parties' relationship dynamic over time and making findings about the impact of controlling behaviour on one of them.
Reform on the horizon – cohabitation and financial remedies
The Government has confirmed consultations on two major areas of family law next year: cohabitation and financial remedies. These consultations will dominate the policy agenda in 2026, although we anticipate that new legislation may not be passed until 2027 or later.
Cohabiting couples now represent the fastest-growing family structure in the UK, with an estimated 3.5m couples living together without marrying or entering a civil partnership. Many cohabitants are unaware that 'common law marriage' is a myth and, in fact, they have scant legal protections. The Labour Party committed to giving cohabitants greater rights and protections ahead of the 2024 General Election but has not elaborated on its plans since coming to power.
The Government will now be considering the position of cohabitants in tandem with the position of divorcing couples. Both areas of law are ripe for reform. The statute which governs financial outcomes on divorce is more than 50 years old and some commentators argue that it is no longer fit for purpose. In December 2024, the Law Commission published a report setting out various models for reform – we will be watching closely to see which option the Government favours in 2026.
Cohabiting couples are the fastest growing family type in the UK with around 3.6m couples living together outside marriage or civil partnership.
Pathfinder – will it ease the backlog?
The Family Court remains under significant pressure, with many litigants facing long delays. The Ministry of Justice's new Pathfinder programme, currently being piloted in Dorset, Birmingham, West Yorkshire and Wales, aims to streamline private law children cases using a more problem-solving, investigative approach. The pilot is intended to improve the court experience for both parents and children, including domestic abuse survivors, and shorten the overall time taken for cases to be resolved. We expect the Pathfinder programme to be rolled out more widely over the course of 2026; however, its success will depend on adequate resourcing. In the meantime, arbitration continues to rise in popularity amongst parties who wish to resolve their disputes swiftly.
International relocation traps
In 2025, we saw record numbers of families relocating internationally and we expect this to continue in 2026. There was a dramatic rise in Americans seeking UK citizenship, with Home Office figures showing a 40% increase from 2024.
International relocation brings new opportunity for families but also creates complex legal challenges. Couples may be surprised to learn that a pre-nuptial agreement entered into overseas may not carry weight in England – they may have to supplement it with an English post-nuptial agreement, for example. Relocating couples should take early advice in relation to their financial affairs to prevent a costly dispute later.
Families who have had a child or children via surrogacy must also be aware that they will need to obtain a Parental Order in the UK to be recognised as the legal parents in this jurisdiction, even if they have already secured legal parentage in another country.
AI and the future of family justice
In the age of AI, practitioners and judges must be alert to the possibility of parties producing deepfake or AI-generated evidence in family law proceedings – we expect this to be a hot topic for 2026. There are a range of technology products which can help detect AI-generated evidence and the court can also appoint a digital forensics expert to analyse the authenticity of evidence.
AI-driven tools also have the potential to improve efficiency within the family justice system. While wholesale adoption is unlikely in 2026, we expect to see pilot projects and judicial guidance emerging on the ethical use of AI technologies in family law.
