Scottish Government Proposes Reforms to Cohabitants' Rights

7 July 2026

The Scottish Government has initiated a consultation to explore potential reforms aimed at enhancing the financial rights of cohabitants—individuals living together in a relationship akin to marriage or civil partnership. This move seeks to address concerns that the current legal framework may not adequately protect cohabitants, especially in situations where one partner passes away without leaving a will.

Under the existing Family Law (Scotland) Act 2006, cohabitants can make financial claims if their partner dies intestate (without a will). However, the law has been criticized for its limited scope and the short timeframe within which claims must be made. Recognizing these issues, the Scottish Government is considering several key changes:

• Extension of Claim Period: Currently, cohabitants have six months from the date of their partner's death to make a financial claim. The proposed reform suggests extending this period to twelve months, aligning it with other legal provisions and providing grieving partners more time to assess their financial situation and seek legal advice.
• Clarification of Legal Definitions: The consultation aims to refine the definition of 'cohabitant' to ensure clarity and consistency in legal proceedings. This would help individuals understand their rights and obligations more clearly.
• Assessment of Financial Provision: The reforms seek to establish a more structured approach to determining the financial provision for surviving cohabitants, considering factors such as the duration of the relationship, the financial interdependence of the partners, and any contributions made by the surviving partner.

These proposed changes are significant, as they acknowledge the evolving nature of family structures and aim to provide fairer outcomes for cohabitants. By extending the claim period and clarifying legal definitions, the reforms would offer greater security and recognition to individuals in cohabiting relationships.

At Thompson Family Law, we understand that legal matters can be complex and emotionally challenging. Our team is committed to providing clear, compassionate, and practical advice to help you navigate these changes. If you have questions about how these proposed reforms might affect you or need assistance with any family law matters, please don't hesitate to reach out to us.

For more detailed information on the consultation and how to participate, you can visit the Scottish Government's official publication on the matter: Family law: consultation.