BBS Law Partner, Graeme Fraser has been featured in an article in the Law Society Gazette discussing the legal issues around cohabitation agreements and the necessary legal reforms. Read the article here.
Graeme Fraser says: ‘We end up with the bizarre situation where the courts look to [events] that might have happened years ago to actually infer or impute what the couple intended, which essentially is a bit of a fiction.’
Fraser explains, courts do not have the powers to order lump-sum payments or property adjustments ‘that are based on entitlements according to the length of the relationship or contributions that have been made to that relationship, whether in terms of looking after the family or the home.
‘The partner who looked after the children and the home but did not contribute financially is potentially left destitute because there are no claims available. It is a situation I have faced in practice.’
Read more on how our Family team can help you with all aspects of Cohabitation law.
