The government's long-awaited consultation on cohabitation reform has received a mixed reaction from professionals.

To make sense of the proposals the Today's Family Lawyer Podcast welcomes Partner and Head of Family at William Sturges Graeme Fraser. Fraser is renowned for his campaigning and expertise in cohabitation reform and alongside his many media appearances, is also Chair of Resolution’s Cohabitation Committee.

So who better to ask about the far-reaching consultation and wider family law modernisation?

The consultation is both ambitious and surprisingly comprehensive says Fraser, taking into account the previous work done on financial remedies, nuptial agreements, wedding reform and the Law Commission's proposals on will writing reform. This joined up approach is to be applauded says Fraser arguing that family law has become increasingly fragmented and difficult for non-lawyers to understand. He suggests the consultation reflects a deliberate attempt to modernise legislation and create a framework that is clearer, more accessible, and better aligned with contemporary family life.

There is a clear disconnect between modern relationships and outdated legal structures; cohabitation law has simply failed to keep pace with social change, despite a growing proportion of couples choosing not to marry. One simple example being the “common law marriage” myth which leaves vulnerable people, particularly women and parents, without adequate legal protection when relationships break down.

On financial remedies the consultation seeks to codify decades of case law into legislation that is easier to understand. The proposals focus largely on the principles of “needs” and “sharing,” while attempting to define key concepts more clearly than current legislation allows. Fraser notes one of the consultation’s most significant and unexpected features is its proposal that cohabitation claims should be based primarily on needs rather than compensation, representing a departure from earlier recommendations made by the Law Commission.

The conversation explores eligibility under the proposed cohabitation framework where Fraser emphasises the qualification period must not be set so high that the legislation becomes inaccessible to those who need it most; and proposals to allow couples to opt out of the new cohabitation regime. Cohabitation differs fundamentally from marriage because individuals have not entered into a formal legal contract, but the proposals do leave room for potential abuse or coercion. Robust safeguards, legal advice, improved screening processes, and wider awareness of domestic abuse issues will be essential to ensure vulnerable individuals are adequately protected. Greater certainty around nuptial agreements is welcome adds Fraser.

The speed of political change is evident in the fact the consultation was launched by Sir Keir Starmer's government, and concluded under Andy Burnham; is there a risk then it could all be for nought?

Fraser remains cautiously optimistic. He points to the significant work already undertaken by the Ministry of Justice, extensive stakeholder engagement, and the strong policy rationale underpinning the proposals. While acknowledging that parliamentary time remains a challenge, he argues that modernising family law is both necessary and beneficial, with the potential to create fairer outcomes, reduce pressure on courts, and provide greater certainty for millions of people navigating relationships and family life.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

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Divorce coach, five-time bestselling author, founder of the International Divorce Coach Centre of Excellence, and an advocate for domestic abuse awareness, Sara Davison joins the Today's Family Lawyer podcast for a wide ranging discussion exploring the growing role of divorce coaches within the family justice landscape and explaining how family lawyers and coaches can work together to better support clients

Davison's own story is deeply personal. Following the sudden collapse of her marriage, which involved infidelity, the breakdown of a shared business, and the challenges of becoming a single parent, she struggled to find practical support that addressed the emotional realities of separation. Combining her background in business and life coaching with her own experiences, she developed a range of coaching tools designed to help people recover from heartbreak and navigate divorce more effectively. Those tools eventually formed the basis of her bestselling book Uncoupling and the coaching methodology she uses today.

Davison is keen to point to the distinct roles family lawyers and divorce coaches play, emphasising coaches do not provide legal advice; instead, they focus on the emotional, psychological and practical challenges clients face during separation. By helping individuals manage grief, fear, anger and anxiety, coaches can enable clients to make clearer decisions and engage more constructively in the legal process. This complementary relationship allows lawyers to focus on legal strategy while coaches help clients regulate emotions and overcome obstacles that might otherwise delay or complicate proceedings.

It's a scientific process; many clients become overwhelmed by fear, loneliness, or decision paralysis, particularly when children are involved. Divorce coaches can provide practical techniques to help individuals regain confidence, process difficult emotions and approach decisions with greater clarity. The discussion also highlights how unresolved emotional trauma can affect a client's ability to participate effectively in their case.

The discussion turns to domestic abuse, and the rise of technology-facilitated abuse monitoring, controlling or intimidating former partners, creating new challenges for both victims and legal professionals.

The final word highlights the emotional toll that complex and high-conflict cases can have on family lawyers themselves. She advocates for improved awareness, training and self-care practices to help professionals manage the demands of working with vulnerable clients and difficult situations.

Davison's own courses provide family lawyers with the tools to improve understanding of relationship breakdown, domestic abuse and trauma-informed client care. Find out more here: Breakup, Divorce & Domestic Abuse Awareness Accreditation CPD-Accredited Training for Family Law Professionals

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector. Thank you to our Podcast Sponsors LEAP.

The latest Today’s Family Lawyer Podcast turns its attention to a role that is often misunderstood and undervalued in the courts system; that of intermediaries.

Intermediaries play an important role in supporting better, and more informed participation in courts.

Rachel Cohen, director at the Intermediary Cooperative and a communication specialist, joins host David Opie to discuss the work of intermediaries in supporting witnesses, parents and participants whose communication needs make the court environment overwhelming

Cohen brings more than a decade’s experience to the role which in her words is “really narrow and very specific… simply to ensure that everybody understands what a person’s communication needs are and how most effectively they can interact with that vulnerable person.”

The discussion highlights a shift in judicial awareness. Neurodivergence, brain injury, developmental language disorder and situational communication difficulties are now better recognised, but assumptions still creep in. Intermediaries are still left out of ground rules hearings, despite this being the very stage where their input can prevent later disruption. “It’s a brilliant time and opportunity to plan… when we’re not invited, we can be kept out of the loop.”

How can the criminal and family courts best work with intermediaries? Early engagement, says Cohen. Late referrals, sometimes just days before a hearing, leave little time to build rapport, assess fluctuating communication needs or simplify documents into accessible formats. The result can be adjournments, inefficiency and avoidable stress for vulnerable court users.

With further insight into vulnerability, neurodivergence and participation measures the podcast reminds family lawyers that participation is not a luxury, but a legal necessity.

The Today's Family Lawyer podcast is available on your preferred podcast provider and at www.todaysfamilylawyer.co.uk.

Subscribe to Today's Family Lawyer to receive our FREE weekly newsletter, out every Thursday and listen in to the podcast to hear all the latest news and views from across the family law sector. Thank you to our Podcast Sponsors LEAP.