W(h)ither family law? Some reflections on its future direction and challenges of private family law

This paper explores whether private family law in England and Wales remains fit for purpose in an era of autonomy, gender equality, and evolving family structures. It argues that family law is at a crossroads, facing “normal chaos” due to conflicting principles of autonomy, equality, and protection. Despite progress in recognising same-sex partnerships and enabling no-fault divorce, informal cohabitants—particularly those with children—remain largely unprotected in financial matters upon relationship breakdown, despite calls for reform. Similarly, children’s rights on parental separation have been ignored, particularly when arrangements are made out of court. In the cohabitation context, the paper calls for reform that acknowledges relationship-generated disadvantage, especially where caregiving roles reduce one partner’s financial independence. It explores and criticises sole reliance on private agreements, which often ignore vulnerabilities and leave economically weaker partners—typically mothers—exposed. It suggests extending family law remedies to all formal and informal couples with children and for recognition of the limits on individual autonomy and substantive equality within relationships, particularly those involving children. Regarding children’s rights, it calls for children’s meaningful participation in post-separation child arrangements affecting their lives, to fulfil international law obligations. Finally, the paper highlights the potential of AI to support principled dispute resolution, provided family law values are embedded in its design. It concludes that while autonomy is valuable in some situations, family law must still address power imbalances and protect vulnerable members within modern families to avoid exploitation.<p></p>