The significance of modern living trends in family law

Graeme Fraser Partner and Head of Family BBS Law

This article focuses on relationships falling outside marriage civil partnership and cohabitation.

Modern living trends evolve from a combination of social decisions that follow clear intentions but also from forced circumstances. During sustained periods of economic growth and upturns Western societies have favoured moving towards private autonomy in terms of family living as opposed to control by the State.

But when the economic cycle falls into downturn recession or less favourable economic conditions there are strong indicators that a couple’s behaviour towards their living arrangements will change considerably so that they do not have the control they would prefer to have being forced by circumstances into less voluntary living arrangements instead.

Where there are clear intentions it is helpful for a couple to plan their lives whether they are living together in the same home; rotating around the family home preserved for the children; or living apart to preserve greater independence. Provided these arrangements are objectively fair then the State should respect these relationships and not interfere.

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