Jo Carr-West and Anna Roiser discuss competing principles in new reforms with Financial Remedies Journal
Jo and Anna's insights were published in Financial Remedies Journal, 4 August 2026, and can be seen here.
Jo Carr-West, Partner, and Anna Roiser, Senior Knowledge Lawyer, from our Family & Relationships department, examine the Government’s A Fairer End to Relationships consultation, focusing on whether its stated aim of ‘prioritising fair outcomes for children’ is consistently reflected in its proposed reforms. They argue that while the consultation identifies children’s welfare as a guiding principle, it does not adequately explain how this has been balanced against competing principles such as autonomy and preserving the distinct status of marriage.
They highlight the consultation’s recognition that a child’s wellbeing is closely linked to the financial position of their primary carer. The question is whether proposals to provide cohabitants with lower levels of financial support than spouses, particularly restrictions on maintenance and needs-based provision, can be reconciled with the aim of protecting children from financial hardship following family breakdown.
The article also explores tensions between children’s welfare and personal autonomy. They argue that allowing nuptial or opt-out agreements to limit financial provision for a primary carer may, in practice, have a detrimental impact on children. While autonomy should be respected, needs-based provision should remain protected to ensure children are not disadvantaged by agreements made between their parents.
The proposals risk creating a hierarchy of outcomes for children based on their parents’ relationship choices. They argue that if children’s welfare is truly to be prioritised, differences in treatment must be clearly justified and proportionate, and that the consultation does not always strike the right balance between its competing principles.
Read the full article on the Financial Remedies Journal website [external link].