Scottish Law Commission Seeks Public Input on Cohabitation Law Reform

18 August 2026

The Scottish Law Commission has recently initiated a comprehensive review of cohabitation laws in Scotland, aiming to modernize and clarify the legal rights of unmarried couples. This move reflects the growing number of cohabiting couples and the need for laws that accurately address their unique circumstances.

Under the current framework established by the Family Law (Scotland) Act 2006, cohabitants have certain rights, but these are often perceived as limited and ambiguous. The Commission's discussion paper highlights several key areas for potential reform:

• Definition of 'Cohabitant': There's a call to refine what constitutes a cohabiting relationship, considering factors like duration and nature of the partnership.
• Financial Provisions on Relationship Breakdown: The existing provisions are under scrutiny to determine if they adequately address the financial needs and contributions of both parties when a relationship ends.
• Time Limits for Claims: The current one-year period for making financial claims post-separation is being questioned for its adequacy.

The Commission is actively seeking public input on these matters to ensure that any legal reforms are both practical and reflective of societal values. As noted in their discussion paper, the law in this area has been criticized as being out of date, unclear, and overly complicated. [Source: Scottish Law Commission Discussion Paper on Cohabitation]

At Thompson Family Law, we understand the complexities that cohabiting couples face. We encourage those affected to participate in this consultation process, as your insights are invaluable in shaping laws that protect and recognize the rights of all individuals, regardless of marital status.

For personalized advice on cohabitation rights or to share your views on the proposed reforms, please contact our offices in Glasgow, Edinburgh, Coatbridge, or Airdrie. Together, we can work towards a legal system that truly reflects the diverse nature of modern relationships.