As the year draws to an end, we find ourselves reflecting on the past twelve months and the hopes we have for 2026.

This is no different for the Timms family law team, as we look towards what notable changes there have been in family law this year and what changes we anticipate for the year to come.

Transparency in the Family Court

January 2025 saw journalists and legal bloggers being granted the right to report on certain cases in Family Court.

The objective being that transparency will offer an insight into the family law process and the reasoning behind a Judge's decisions.

We anticipate that in 2026, we will see this rolled out nationally to children proceedings and financial remedy cases across all family courts.

Not all cases will be reported on and a Judge has the power to refuse a transparency order where it is appropriate. However, it is hoped that as this is further implemented, these cases will provide the public with a better understanding as to the decisions reached in family court, which we hope will build public trust in the judicial system.

Presumption of Parental Involvement

More recently in October 2025, the Ministry of Justice released their review on the current legal position of presumption that, a parent’s involvement in a child’s life will further that child’s welfare, unless the contrary is shown.

This presumption was introduced into the section 1 of the Children Act 1989, by the Children and Families Act 2014 with the intent to enhance a child’s welfare, in those circumstances where it is safe to do so.

This presumption was only applied in those cases in which the same can be safety executed and would not place a child in a position of risk of harm. However, the review proposes a move away from this presumption, raising concerns that a ‘pro-contact’ culture may undermine risks associated with children having involvement with a potentially abusive parent.

The hope is that all professionals involved in how a child should be cared for and spend time with their parents, will do so with guidelines for an enhanced level of protection to children in harmful home situations.

Cohabitation Reform

Currently, living  with your partner as ‘cohabitees’ does not, on its own standing, provide an individual with any legal rights or responsibilities towards each other, on breakdown of that relationship. This is the case whether the couple have lived together 3 years or 30+ years.

Whilst some protection is afforded under Schedule 1 of the Children Act 1989 and the Trust of Land and Appointment of Trustees Act 1996, with statics showing more and more couples are choosing not to marry, this is no longer satisfactory and the law very much requires modernisation.

There have been many attempts at a reform in this area of law, however, to date these have been unsuccessful. The Labour Party’s 2024 manifesto did confirm that this would be addressed and whilst we have little update from the Government thereafter, it will be interesting to see whether 2026 is the year for a further attempt to modernise the law and to offer better protection for those in cohabitant relationships.

Non-court dispute resolution

In April 2024, additional emphasis was placed on those wishing to engage in family law court proceedings, to firstly attempt non-court dispute resolution. Now, those who wish to make an application to the family court will have to file a form FM5 to the court ahead of the hearing, to set out why they are seeking court assistance and why NCDR was either not attempted or unsuccessful in settling the dispute.

There are many forms of NCDR, the most known form being mediation, but there is also arbitration, collaborative law and private financial dispute resolution to name a few others.

These out of court services have worked hard to adopt practices that will allow vulnerable persons to engage in a safe way, where one person may have been abused by their estranged partner. In example, shuttle mediation is available to allow mediation to go ahead with the parties sat in separate rooms.

The hope is that with awareness and promotion of these alternative dispute services, parties can settle their disputes fairly, amicably and more cost-effectively than through contested court proceedings.

It is expected that the court, upon a first hearing being attended, will continue to highlight the importance of party attendance in NCDR and to do so with genuine intent to resolve the dispute. It is expected that the Court will continue to exercise their power to adjourn proceedings, to allow for NCDR to take place where this has been unreasonably evaded.

How We Can Help

If you would like advice on divorce, separation, children or financial matters, please contact me on 01332 364436 or via email at legal@timms-law.com.