Scottish Law Commission Proposes Reforms to Cohabitation Rights

11 August 2026

In a significant move, the Scottish Law Commission has proposed reforms to the laws governing cohabiting couples. With the number of couples choosing to live together without marriage or civil partnership on the rise, these changes aim to provide clearer rights and protections for such relationships.

Currently, cohabiting couples in Scotland have limited legal rights compared to married couples or those in civil partnerships. The existing laws, primarily established by the Family Law (Scotland) Act 2006, have been criticized for being outdated and complex. The Commission's recent discussion paper highlights several areas for potential reform, including the definition of a "cohabitant," the duration of cohabitation required to access financial remedies, and the scope of financial provisions available upon relationship breakdown.

One key question posed by the Commission is whether the legal framework for cohabitants should align more closely with that of spouses and civil partners. This consideration reflects a growing recognition of the diverse nature of modern relationships and the need for the law to adapt accordingly.

At Thompson Family Law, we understand that legal matters can be daunting, especially when laws are in flux. Our dedicated team is here to provide clear, practical advice tailored to your unique situation. If you're cohabiting and have questions about your rights or how potential legal changes might affect you, please don't hesitate to reach out. We're committed to guiding you through these developments with warmth and clarity.