If you are living with your partner in Kent but are not legally married or in a civil partnership, you are part of one of the fastest-growing household types in the UK. However, you are also likely relying on a legal safety net that does not actually exist.

For decades, family lawyers and mediators have campaigned to close the dangerous legal gap that leaves unmarried couples vulnerable when a relationship ends. Now, change is finally on the horizon.

On 5 June 2026, the government officially launched a landmark, 10-week consultation titled “A Fairer End to Relationships”. These proposals look to introduce some of the most significant shake-ups to UK family law in a generation, specifically aimed at giving unmarried couples modern legal protections.

Here is what the historic 2026 cohabitation news means for you, the truth about current laws, and how family mediation can help you navigate these changes right now in Kent.

The “Common Law Marriage” Myth vs. Current Reality

One of the most persistent legal misconceptions in England and Wales is the concept of “common law marriage”. Many people believe that if you live together for a certain number of years, or if you have children together, you automatically gain the same legal rights as a married couple.

This is a complete myth. Under current UK law, no matter if you have lived together for three years or thirty:

• No Automatic Property Rights: If the family home is in your partner’s sole name, you have no automatic right to a share of its value or a right to stay there if you separate, even if you contributed to household bills.

• No Spousal Maintenance: You cannot claim financial maintenance for yourself to help cover living costs after a breakup—only child maintenance if you share children.

• Zero Pension Claims: You have no right to a share of your partner’s pension.

• No Automatic Inheritance: If your partner passes away without making a valid will, you do not automatically inherit anything, potentially leaving you facing severe financial hardship or the loss of your home.

Currently, resolving property disputes for unmarried couples requires navigating a highly complex, expensive, and stressful framework under trust and property law (known as TOLATA claims). It looks entirely at legal ownership and paperwork, completely ignoring what is “fair” or what a family actually needs.

What are the Proposed 2026 Cohabitation Reforms?

The government’s new consultation aims to bring family law into the modern day, offering a distinct safety net for unmarried families while protecting the most vulnerable, such as financially dependent partners and survivors of economic or domestic abuse.

Under the new proposals, a statutory framework would apply to couples who are in a committed relationship and:

1. Have lived together for at least three years, OR

1. Live together and share a child (with no minimum time framework required).

Key Proposed Protections Include:

• Financial Claims on Separation: Courts would have the power to look at financial needs rather than just whose name is on the deeds. This could include property adjustment orders, such as adjusting home shares or ordering a house sale to secure a stable future for the primary caregiver.

• Children First: Just like in a divorce, the welfare and housing needs of any children would become the court’s paramount consideration.

• Automatic Inheritance Rights: Qualifying partners would gain the automatic right to inherit under intestacy rules if their partner dies without a will.

• The Right to Opt-Out: Couples who prefer to keep their finances entirely separate would be allowed to opt out of this framework via a formal agreement.

Why Waiting for the Law to Change Is a Risk

While these headlines are incredibly welcome, nothing has changed yet.

The public consultation closes on 14 August 2026. After that, the government must review responses, draft legislation, and debate it in Parliament. It could take several years for these proposals to become actual law, and there is no guarantee that the final changes will apply retroactively to relationships that end before then. Waiting for Parliament to act leaves your family exposed right now. Fortunately, you do not have to wait. You can create your own legal certainty today.

How Family Mediation Helps Unmarried Couples in Kent

If you are currently living together and want to protect your future, or if you are an unmarried couple currently navigating a separation in Kent, family mediation is often the most supportive, cost-effective route available.

You do not need to wait for new laws to decide what is fair.

Through mediation, you and your partner can sit down with an independent professional to create a document that sets out exactly how you will manage finances now, who pays the mortgage, how assets would be divided if you split up, and how you intend to protect each other. It gives you complete autonomy over your future. You can then take this to your lawyer to review and make legally binding.

Separating Fairly and Peacefully

If you are currently separating, reaching an agreement through court litigation can cost thousands of pounds in legal fees—money that should be used to support your children or set up your new homes.

Mediation allows you to discuss property division, living arrangements, and child support in a private, constructive environment. Under the Family Procedure Rules, separating couples are required to actively consider non-court dispute resolution options before trying to go to a family court.

Government Financial Support for Your Mediation Costs

Understanding that financial worries can be a major barrier during a separation, there are two key government-backed funding schemes available to help cover your mediation costs in Kent.

The Family Mediation Voucher Scheme (Up to £500)

In May 2026, the Ministry of Justice officially confirmed the extension of the Family Mediation Voucher Scheme into 2027, backed by an additional £7 million in funding.

If you are separating and have a dispute that involves arrangements for your children (such as where they will live, child contact schedules, or holiday arrangements), you may be eligible for a non-means-tested voucher worth up to £500 towards your joint mediation sessions.

• No Income Check Required: Unlike legal aid, the voucher scheme is not based on your income or savings.

• High Success Rate: Ministry of Justice data shows that over two-thirds of families who use these vouchers successfully reach a full or partial agreement outside of court.

• No Admin For You: As an accredited mediation service, we handle the application and claim the £500 directly from the government on your behalf.

Legal Aid for Family Mediation

All of our mediators are accredited with https://www.familymediationcouncil.org.uk/

Alongside the voucher scheme, our service provides Legal Aid for family mediation. If you meet the financial eligibility criteria, your mediation could be entirely free of charge. Even if only one partner qualifies for Legal Aid, the funding covers the initial assessment (MIAM) and the first joint mediation session for both of you.

Can you use both? Yes. If you qualify for Legal Aid, your costs are covered. If you do not qualify for Legal Aid but are discussing child arrangements, the £500 Family Mediation Voucher Scheme can step in to drastically reduce or entirely cover your joint session fees.

Take Control of Your Legal Protection

The 2026 cohabitation news is a massive step forward, but your family’s security matters today. Whether you want to put a proactive cohabitation agreement in place or you need a calm, funded space to sort out a separation, mediation keeps you in control.

Contact our Kent family mediation service today to speak with a mediator, book your initial assessment, or find out how to claim your £500 government mediation voucher.

Mediation vs. Court: A Reality Check

Two Ways the Government Pays for Your Mediation

You don’t need deep pockets to avoid the court backlog. The state actively funds family mediation through two main pots:

1. Legal Aid (100% Free)

If you receive low-income benefits—like Universal Credit—or have a lower income, you will likely qualify for Legal Aid.

• It covers your initial private meeting (MIAM) and all joint mediation sessions.
• It includes free legal advice from a solicitor to formalize your agreement.
• Unlike court-based Legal Aid, mediation funding never has to be paid back.

Bonus: If you qualify for Legal Aid but your ex-partner doesn’t, the government still pays for your ex’s initial meeting and their first joint mediation session.

2. The £500 Family Mediation Voucher

Don’t qualify for Legal Aid? If you are trying to sort out arrangements for your children, you can access the government’s £500 Voucher Scheme. We apply for this on your behalf, and it directly slashes the cost of your joint sessions.

How to Skip the Court Backlog

We run our sessions securely online across Ashford, Maidstone, Canterbury, and the wider Kent area, meaning you don’t even have to be in the same room as your ex.

1. Book Your MIAM

Attend a private, one-on-one Mediation Information and Assessment Meeting (MIAM) to discuss your situation.

2. We Check Your Funding

We assess your eligibility for Legal Aid or the £500 Child Arrangement Voucher.

3. Fix the Issue

You and your ex-partner work with an accredited mediator to build a practical, binding plan for your children and finances.

Don’t waste a year of your life and thousands of pounds waiting for a court date. Contact Kent Family Mediation Service today to find out how quickly and cheaply you can move forward.

Contact us to check if you qualify for free Legal Aid or the £500 voucher

The latest figures reveal a family justice system under immense pressure. Across the region, a shortage of judges and an increase in self-represented “litigants in person” mean that simple disputes over child holiday rotas or asset divisions are taking months to even get a first hearing.

The longer a dispute drags on in court, the higher the emotional and financial cost. Children are left caught in the middle of parental conflict while waiting for a judge to make decisions that parents are usually better equipped to make themselves.

Family mediation sidesteps this queue completely. Instead of waiting nearly a year for a court date, most couples who choose mediation can resolve their child and financial arrangements within 2 to 4 sessions.

Judges Are Punishing Those Who Refuse to Mediate

The courts are actively pushing back against unnecessary litigation. Under strict rules governing family procedures, judges now have the power to stop court proceedings (known as “adjourning” a case) if they feel a couple hasn’t properly considered Non-Court Dispute Resolution (NCDR), like mediation.

If one party unreasonably refuses to attend mediation and insists on going to court, the judge can order them to pay the other party’s legal costs. Going to court out of spite or refusing to negotiate is now a very expensive mistake.

At Kent Family Mediation Service, we can help you bypass the court drama, even better? The government will likely pay for it if you are eligible for Legal Aid or the £500 government mediation voucher.

You could be eligible for 100% free family mediation and free legal help. Avoid court and resolve disputes out of court with Kent Family Mediation Service

Going through a separation or divorce is incredibly stressful, especially when you are trying to figure out child arrangements or how to split assets on a tight budget

You don’t have to go through a lengthy, expensive battle in the family courts

If you are currently claiming Universal Credit, you could be entitled to 100% free family mediation through the Legal Aid scheme
At Kent Family Mediation Service, we help separating couples sort out the future calmly, quickly, and without the financial strain. Here is exactly how the process works and how you can access it for free

What is Family Mediation?

Family mediation is a structured process where an independent, accredited and professional mediator helps you and your ex-partner reach fair agreements. Rather than letting a judge make life-changing decisions for your family, mediation keeps you in control
It is the courts’ preferred method for resolving disputes, and it is highly effective: 89% of family mediation cases result in an agreement

Mediation can help you agree on:
• Child arrangements: Where your children will live, contact schedules, and school holiday rotas
• Finances and property: How to handle the family home, household bills, debts, and pensions

How Universal Credit Qualifies You for Free Mediation
While private legal fees can quickly spiral, the government provides Legal Aid to ensure everyone has access to justice
Because Universal Credit is a means-tested benefit, it acts as a “passport” benefit for mediation funding. If you receive Universal Credit and have minimal capital assets, you will generally pass the Legal Aid assessment automatically

What is included for free?

If you qualify for Legal Aid through Kent Family Mediation Service, you will receive:

1. A Free MIAM, your initial Mediation Information and Assessment Meeting is fully covered

2. Free Mediation Sessions, all of your joint mediation appointments cost you nothing

3. Free Help from a Solicitor: You will receive free legal advice from a participating family solicitor to help formalise your agreements

The Best Part, unlike other forms of Legal Aid, family mediation funding never has to be paid back, even after you reach a financial or property settlement

What If My Ex-Partner Does Not Qualify for Legal Aid?
This is a common worry, but the system is designed to be fair. If you qualify for Legal Aid but your ex-partner does not, the government will still cover the cost of their MIAM and their very first joint mediation session.
Additionally, for cases involving children, we can help access the government’s Family Mediation Voucher Scheme, which provides up to £500 per case toward further mediation sessions for non-eligible parties

How to Get Started
We make the process as simple and stress-free as possible. Because we know life is busy, most of our meetings are held virtually online, allowing you to attend from the comfort of your own home anywhere in Kent

1. Contact us, it takes 2 minutes
Get in touch with the team at Kent Family Mediation Service via our website or phone to request an initial assessment

2. Provide Proof of Universal Credit or low income, this is needed for free funding
We will ask you to show recent documentary evidence of your Universal Credit or low income and a brief overview of your financial position to confirm your Legal Aid eligibility

3. Book Your MIAM, this is your separate initial meeting
You will attend a private, one-to-one Mediation Information and Assessment Meeting (MIAM) with one of our accredited mediators to discuss your situation safely

4. Begin Joint Mediation and start resolving the dispute
Once both sides are ready, we will schedule your joint online mediation sessions to help you build a practical plan for the future

Don’t let the stress of separation impact your finances or your peace of mind. Contact Kent Family Mediation Service today to find out how we can help you move forward for free

The Separated Parents Information Programme (SPIP) will be coming to an end after 31st March 2023. Kent Family Mediation Service will no longer be delivering SPIP after this date.

A new service ‘Planning Together for Children’ will be replacing SPIP from 1st April 2023. Please refer the Cafcass website (https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-together/) for more information and delivery provider for Planning Together for Children.

We are pleased to announce that Kent Family Mediation Service is once again the Kent Provider of the Cafcass & Family Court Ordered Separated Parents Information Programme (SPIP).

The Separated Parents Information Programme (SPIP) is a course which helps you understand how to put your children first while you are separating, even though you may be in dispute with your child’s other parent. The course helps parents learn the fundamental principles of how to manage conflict and difficulties. Parents do not attend the same workshop as their partner..

Courts have the power, by making a court order, to ‘direct’ parents to attend a programme aimed at promoting safe contact with children. Cafcass is usually asked to advise the court if it is suitable for you. You can be ordered to go to a SPIP (there is no charge for Cafcass service user to attend) and/or to a Mediation Information and Assessment Meeting (MIAM). After your court hearing Cafcass will send a SPIP referral on your behalf to your nearest SPIP service provider. The SPIP service provider will then contact you to arrange a date for you to attend your SPIP workshop. Kent Family Mediation Service is the provider for Kent SPIP workshops.

Non Court-Ordered SPIP

As the School Easter holidays approach this week, many parents will have been busy planning to take their children away on holiday, or spend quality time with them, but for many separated parents, the Easter break can be a time of frustration and resentfulness, particularly if they are unable to reach an agreement with the other parent over how much time they are able to spend with their children during the school holidays.

Debbie Hillman from Charity Kent Family Mediation explains that owing to unresolved hostility and over charged emotions it can often be difficult for separated parents to put their differences aside long enough to reach agreement over child contact during school holidays. The penalties that are now imposed for taking children out of school during term time has added to the stress, putting more pressure on parents to reach agreements over how much time they each spend with the children in these often short spaces of time.

Debbie points out that with an 89% success rate, Family Mediation has been proven to work in the majority of cases and that Family Mediation is a far quicker, fairer and much more affordable way for parents to reach agreements over child contact during school holidays. Family Mediators are trained to diffuse hostility and conflict between parents, getting them to focus on reaching an agreement that is in the interests of their children. Patterns of contact can be trialled to ensure that agreements are workable, realistic and meet everyone’s expectations before any final agreement is reached. More importantly, decisions affecting the children are made by both parents and any child related agreements made during family mediation are built with flexibility taking into account a child’s changing needs as they get older.

Book an appointment at your nearest Kent Family Mediation Venue.

Sunday 17^th June 2018 will be Father’s day, a day when a great number of Dads will be looking forward to celebrating their role as a Father.

Historically and traditionally, Fathers have always played an important role in family life, often known as the ‘head of the household’, the ‘master of the house’, the ‘matriarch of the family’, or for some families; the ‘main breadwinner’ when the Mother would stay at home to look after the children. However, over the past few decades, a great number of Dads have become ‘stay at home Dads’ who solely provide the day to day care for any dependent children of the family and this number is on the rise.

It has been said that the main reasons for the rise of the ‘stay at home Dad’ is that over recent years, more women have taken on higher paying jobs or career paths. In many instances, women are now able to earn more than their partner can. In circumstances like this, it often makes financial sense for the other parent to stay at home to look after the children. Another reason is that owing to the current economic climate; a number of people may not be able to find jobs, and because of this, some Fathers are unable to find work, or are not able to work and will stay at home to look after the children of the family while the Mothers go out to work.

Data from the Office for National Statistics shows that last year, 201,500 single Dads stayed at home to look after their dependent children, an increase of 30,000 from 2014. Sadly, according to the report, the reason behind some Dads staying at home to care for their children is because they were a widow and that 39% of the 30,000 single ‘stay at home Dads’ did so, because of a divorce or relationship break up.

Debbie Hillman from Charity Kent Family Mediation Service says, “The past decade has seen a sharp increase in the number of family breakups. Now, as many as one in three children will see their parents separate before they have reached the age of 15. As a long-standing family mediation service, we have seen the number of referrals that we receive rise sharply over the past three years. We receive mediation referrals from parents, grandparents and other family members who need help with family disputes following a relationship split, an impending divorce, or a family separation. The types of cases that our family mediators can help with include finances, property, pensions, and disputes over the family home, but the majority of the cases that our family mediators see involve children.

Debbie explains, “Family mediation is the family courts preferred way of dealing with family disputes, as it is quicker and cheaper than going down the legal route, particularly if one or both of the clients are eligible to claim Legal Aid, which entitles that person to free mediation. With a high success rate, family mediation also offers a more amicable route to a achieving a workable resolution that meets everyone needs, especially those of any children”. Debbie points out that every mediation case is different and that therefore each agreement reached, is unique to those clients individual set of circumstances. For instance, one way of resolving a dispute of contact over children could be by way of a ‘shared parenting agreement’ between both parents, where the child spends an equal amount of time with both parents, however this type of arrangement may not work for another family and further options would need exploring. Debbie urges anyone who finds himself or herself in a situation where they have reached a position where they feel unable to find an amicable way forward, not to give up hope and to try family mediation before they do anything else.

Kent family mediation service has mediation centres across Kent. Make a referral to arrange a mediation appointment.

While the long school summer holiday signals a lull for many Kent businesses, the opposite is true for a charity based in Kent, which says demand for its family mediation services from divorcing and separating couples are again seeing an upturn.

Debbie Hillman of Kent Family Mediation Service says, “Six weeks of summer holiday is the final straw for many strained relationships. It’s a breaking point for many couples who then need to start making arrangements for their separation.”

She identifies three factors that shift many of them from an uneasy relationship to an unworkable one during the summer:

• More family time together in close proximity
• Changes in established daily routines, and
• The expense of going away, and keeping family members entertained

“It’s not just the week away somewhere warm, but the time at home when stressed-out families are spending more time together that proves the relationship is untenable,” Debbie says.

Kent Family Mediation Service is a member of the National Family Mediation network, which featured in the recent BBC Two TV series ‘Mr v Mrs: Call The Mediator’ that raised the profile of family mediation as an alternative means of resolving family disputes.

“More and more people now understand that when a relationship breaks down and property, finance and parenting arrangements need to be sorted, you don’t have to head off to a solicitor and a court room battle,” adds Debbie “There are alternative ways to make settlements, which is where Kent Family Mediation Service comes in.

“Family mediation is four times quicker and more cost effective than going to court to settle a divorce. Professional mediators understand the families affected by separation are best placed to explore and agree the key details of their separation, rather than handing these judgements to a family court.”

Debbie added that as the summer holiday goes on, Kent Family Mediation Service sees more and more couples who have already separated or divorced seeking to change the arrangements imposed on them by a family court.

“Separated families often find the summer holiday is when they discover agreements that were imposed on them by courts are simply not workable. Arrangements for picking up and dropping off the children that might work in term-time prove to be impractical by changes in established routines. Resentments resurface, hostilities accelerate, and the child can be caught helplessly in the middle,” Debbie says.

Legal Aid is still available for family mediation clients. Those that are assessed as being eligible will be entitled to free family mediation with no payback. 

Make a referral to attend family mediation in Kent