There Must be a Better Way: Thoughts on the Future of Family Law

The lecture provides a comprehensive overview of current family law issues from a highly experienced perspective. McFarlane’s arguments are well-structured, drawing on his judicial experience and recent policy developments. He demonstrates deep knowledge of the legal landscape, referencing specific acts and consultations. The discussion of cohabitation rights is particularly strong, highlighting the ‘common law marriage myth’ and the need for legal protection. His support for codification of financial remedies is reasoned, though he acknowledges potential pitfalls. The section on surrogacy raises important ethical and legal questions, especially regarding commercial surrogacy and international cases. The lecture is balanced, acknowledging both progress and gaps. However, as an expert opinion, it lacks empirical data or comparative analysis. The sources are primarily legal documents and consultations, which are reliable but not exhaustive. The title accurately reflects the content, and the lecture is accessible to a general audience while retaining technical depth. Overall, it is a valuable contribution to the discourse on family law reform.

The title accurately reflects the lecture's focus on proposing reforms in family law, emphasizing the need for better approaches.

8/10

Lecture by a retired senior judge with extensive experience in family law, referencing specific legislation and consultations. The content is based on professional expertise and recent official proposals, but is not peer-reviewed and reflects personal views.

• 00:00// Introduction — there must be a better way, and why Parliament has finally moved
• 06:38// Four decades of change — Children Act, Domestic Abuse Act and transparency
• 09:57// The June 2025 consultation — reforming financial remedies on divorce
• 13:33// Codification plus — capturing judge-led change in statute
• 14:42// Prenuptial agreements — making qualifying agreements legally binding
• 16:22// Cohabitation — 3.5 million couples and the common law marriage myth
• 20:27// Why should a child's financial support depend on whether parents were married?
• 24:10// Private law and separating parents — keeping families out of court
• 29:47// Child focused courts — social work reports before any hearing, £82 million rollout
• 32:28// Adoption at 100 — a model built for babies that now serves three-year-olds
• 35:05// Lifelong links — maintaining relationships for children in care and care leavers
• 36:03// Enduring relationships policy — the government's new ambition for children in care
• 39:17// Surrogacy — a law unchanged for 30 years and a growing commercial problem
• 43:13// Foreign surrogacy — two women in their 60s, Northern Cyprus and four years in limbo
• 49:26// The commercial elephant in the room — and what Parliament must address
• 51:30// Conclusion — family law has never stood still, and the future will be digital

• Gresham College — Institution hosting the lecture
• Gresham College on Bluesky — Social media channel for updates
• Donate to Gresham College — Support page for the institution
• Gray's Inn Reading 2026 — Event page for this lecture
• Q&A Session — Follow-up discussion to the lecture

• Law Commission — Independent body that has made recommendations on family law reforms.
• Ministry of Justice — Government department responsible for family law policy.

• Family Law Reform Now