Scottish Law Commission Seeks Public Input on Cohabitation Law Reform

16 August 2026

In a significant move to modernize family law, the Scottish Law Commission has initiated a comprehensive review of cohabitation laws in Scotland. This effort aims to address the evolving nature of relationships and ensure that the legal framework adequately protects the rights of unmarried couples.

With the number of cohabiting couples on the rise, it's crucial that our laws reflect these societal changes. The Commission is particularly interested in public opinions on several key issues:

• Should the legal rights of cohabitants align more closely with those of married couples and civil partners?
• How should "cohabitant" be legally defined to encompass the diverse nature of modern relationships?
• Is there a need for a minimum duration of cohabitation before financial claims can be made upon relationship breakdown?

These questions are central to ensuring that cohabiting partners have clear and fair legal protections, especially concerning financial matters and property rights.

At Thompson Family Law, we understand the complexities that can arise when relationships end, particularly for cohabiting couples who may not have formalized their union through marriage or civil partnership. The current legal landscape can sometimes leave individuals vulnerable, with limited recourse in disputes over assets or financial support.

We commend the Scottish Law Commission's proactive approach in seeking public input. Engaging with the community is essential to crafting laws that are both effective and reflective of societal values. We encourage everyone, especially those in cohabiting relationships, to participate in this consultation process. Your insights and experiences are invaluable in shaping a legal system that serves all members of our society equitably.

For those seeking guidance on their rights as cohabitants or wishing to contribute to the discussion, our team at Thompson Family Law is here to assist. We believe that informed individuals are empowered individuals, and we're committed to providing the support you need during this pivotal time in Scottish family law reform.