Divorce is changing: Here’s how couples can still aim for a fair outcome

For the past four years, couples have been able to end their marriages without having to blame one another for what went wrong. With no-fault divorce now well established, attention is turning to what could be the next major change - reform of the law governing how finances are dealt with when a marriage ends.

The question is whether this reform will make financial outcomes fairer, and whether it could make reaching an agreement a more straightforward and positive experience for couples.

Teresa Davidson, Head of Family Law at Winston Solicitors, has spent years helping clients navigate separation and divorce. Here, she revisits her advice on how to achieve a "good" divorce, while considering what a changing legal landscape could mean for couples in the future.

“For most of our clients, the change to no-fault divorce came both as a relief and a recognition of what most separating couples want to achieve – a shift in their relationship which avoids blame and more hurt.

“In April 2022, a new law introduced the no-fault divorce. However, even with the removal of blame, divorce remains a difficult and emotional process, which can come with acrimony and stress, especially when it comes to finalising financial issues.

"As a lawyer who has spent almost all of my career specialising in family law, I have seen how much difference the right advice and approach can make when someone is facing such a significant change in their life. So, while none of us knows precisely what the future of divorce law will look like, I want to revisit some practical advice on how to have as good a divorce as possible.

Finances in divorces under the spotlight

“On 5 June 2026 the government issued a consultation on reforming financial issues on divorce, plus looking at strengthening the position for cohabitants at the end of their relationships.

“While the consultation has only recently ended, and we do not yet know whether legislative change will follow, it does indicate a tentative move towards making financial arrangements at the end of a relationship simpler to navigate.

“On the face of it, that should be positive. Greater certainty could help people understand the potential financial impact of divorce and may allow couples to reach settlements earlier, with less involvement from lawyers and the courts. But there is an important balance to strike. The challenge for any reform will be ensuring that greater certainty does not come at the expense of fairness.”

The Financial Disparity

Research by the Fair Shares Project has found that women can still be disproportionately affected financially by divorce, particularly when it comes to pensions. This is despite the aim of the current system being to achieve a fair outcome, and more than 25 years after pension sharing was introduced.

These potential changes also highlight the importance of keeping up to date with the law, particularly for couples who are planning to marry and considering a pre-nuptial agreement, says Teresa.

“We are obligated to advise clients based on current law, but it is also important to look ahead. Understanding how potential changes could affect a future marriage or financial arrangement can help couples make informed decisions.”

So, with the law as it stands today and potential incoming changes, how can couples give themselves the best possible experience of separation and divorce?

Advice is key

“I have thought carefully about this and revisited the advice I shared in an article a couple of years ago. While the law may be changing, many of the principles I recommended then remain just as relevant today.

“Firstly, get advice. And get the right advice. While one might expect a lawyer to say this, I genuinely know the benefit my clients have had from taking good legal advice from the outset.

“Knowing where you stand in a complex and now ever-changing legal system gives you strength, and that can change your whole approach. It can take the fear out of the situation and give you the confidence to know where to go next. This is doubly important where well-meaning advice from friends and family is likely to be outdated, especially as the legal landscape changes.

“While it may initially feel good to hear that you will achieve everything you want in your divorce settlement, pursuing an unrealistic outcome can ultimately waste both time and money. A good family lawyer should help you understand what is achievable while ensuring your interests and your voice remain at the centre of the process.

“It is also important to choose a lawyer who keeps up to date with changes in the law and modern approaches to resolving disputes, rather than relying on outdated methods simply because they have always been used.

"At Winston Solicitors, our approach is focused on what is best for the client.

"Communication is also key, wherever it can be maintained. Once the lawyers have stepped away, family relationships remain, particularly where children are involved. Your lawyer can either help or hinder that process, which is why they should be firm when needed, but always respectful.

“One of my key tips for clients in the early stages of separation is to listen. Listen to what your former partner says they want, but don't commit to a plan, particularly a financial one, without taking advice first.

“Whatever the law looks like at the time, discussions will always be needed, and reaching a negotiated settlement will almost always be the right approach to explore first."

"My aim is to help you reach an outcome that works not only for you now, but also for the relationships and family life you will have once your divorce is settled."

Looking after your wellbeing

"There is also a lot of focus on wellbeing, and it can sometimes be seen as a softer or less important consideration. But separation and divorce can be demanding, both physically and emotionally. Looking after your health and making time for yourself matters.

“Again, whatever the state of the law, getting through the process with your wellbeing intact is important. If you are unsure where to turn, our Family team has a trusted network of coaches, counsellors and therapists who can provide support."

"Looking after yourself is one part of making the process more manageable. The way in which you resolve the legal issues can make a difference too."

“As the Government consultation highlights, and as I know from experience, the court process can be hugely unpredictable, as well as stressful for clients. That is why our team will continue to focus on alternative dispute resolution methods, which provide a more predictable and less adversarial approach. By choosing dispute resolution, you can save time and reduce legal costs while still being supported by the right legal and financial team.

“Divorce is undoubtedly a challenging life event. It is the end of a marriage, but it is also the beginning of the next stage of your life.

“With the right knowledge and the right support, it is possible to approach divorce from a position of strength rather than fear. At Winston Solicitors, our Family Law team helps clients understand their options, navigate the complexities of their circumstances and focus on achieving the right outcome for their future.”

For professional advice on financial division during divorce, contact the family team at Winston Solicitors today 0113 320 5000