Understanding the Scottish Law Commission's Proposed Reforms for Cohabiting Couples

14 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 living together without marriage or 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. The SLC's recommendations seek to address these shortcomings by proposing clearer guidelines for financial provisions when cohabiting relationships dissolve.

One significant proposal is to establish a more straightforward framework for financial claims. This includes defining the criteria for economic disadvantage and advantage more precisely, ensuring that individuals who have suffered financial setbacks due to the relationship can seek appropriate compensation. Additionally, the SLC suggests extending the time limit for making such claims from one year to two years after the relationship ends, providing individuals with more time to assess their situation and take necessary legal action.

These proposed changes are crucial because they acknowledge the evolving nature of relationships in modern Scotland. With more couples choosing to cohabit without formalizing their union through marriage or civil partnership, it's essential that the law reflects and protects these family structures. By implementing these reforms, the Scottish legal system would offer better support and clarity to cohabiting couples, ensuring fair outcomes when relationships break down.

At Thompson Family Law, we understand that navigating the legal landscape can be challenging, especially during emotionally taxing times. Our team is committed to providing clear, compassionate, and practical advice to help you understand your rights and options. If you have questions about how these proposed changes might affect you, or if you need assistance with any family law matters, please don't hesitate to reach out to us.