Understanding the Scottish Law Commission's Recommendations on Cohabitation Rights

13 August 2026

In April 2026, the Scottish Government initiated a consultation on family law, focusing on the rights of cohabiting couples when their relationships end. This consultation is based on the Scottish Law Commission's (SLC) 2022 report, which aims to clarify and enhance the legal protections for cohabitants in Scotland.

Currently, cohabiting couples—those who live together without being married or in a civil partnership—have limited legal rights compared to married couples. The Family Law (Scotland) Act 2006 provides some provisions, but they are often seen as insufficient and unclear. For instance, while the Act allows cohabitants to claim financial provision upon separation, the criteria and outcomes can be unpredictable, leading to uncertainty and potential hardship.

The SLC's recommendations seek to address these issues by proposing clearer guidelines and more robust protections for cohabitants. Key proposals include:

• Establishing a more defined framework for financial claims upon separation, ensuring fairer outcomes.
• Clarifying the rights of cohabitants concerning shared property and assets.
• Introducing measures to protect vulnerable parties, particularly in cases where one partner has been financially dependent on the other.

These proposed changes are significant because they acknowledge the evolving nature of family structures in Scotland. With more couples choosing to cohabit without formalizing their relationships through marriage or civil partnership, it's crucial that the law reflects and protects these modern family dynamics.

At Thompson Family Law, we understand that legal jargon and complex processes can be daunting. Our goal is to provide clear, practical advice to help you navigate these changes. If you're in a cohabiting relationship and have questions about your rights or how these proposed reforms might affect you, we're here to help.

As the consultation progresses, we'll keep you informed about any developments and what they mean for you. Remember, understanding your rights is the first step toward protecting them.