09/27/2026
The man from Berwick-upon-Tweed could be forgiven for being thought Scottish. The town is 2½ miles south of the Anglo-Scottish border, and the northernmost town in England. Its football team, Berwick Rangers, plays in a Scottish football league, despite being based in England.
In 2026, the Berwick man is a metaphor for what may be about to happen to some of our family laws in both countries. The English may find themselves with Scottish-type financial remedies for cohabitants, while the Scots are seeking further guidance for dealing with the more discretionary type of financial remedies to which the English are more accustomed.
In this article, we outline the current relief available for cohabitants in both jurisdictions, the likely direction of travel for legislative reform and what we are likely to be left with. Will the Berwick man have greater clarity or be even more confused than when we started?
One of the foremost family law barristers’ chambers in London.