Scottish Government Analyzes Public Feedback on Family Law Reforms

1 November 2026

The Scottish Government has recently published an analysis of public responses to its consultation on potential family law reforms. This consultation, which ran from December 2025 to April 2026, sought opinions on several key areas: the financial rights of cohabitants, the minimum age for marriage and civil partnerships, qualifying requirements for religious and belief bodies, and the extension of simplified divorce procedures to cases involving children under 16.

One of the primary focuses was on improving the financial rights of cohabitants. Currently, cohabitants—couples who live together without being married or in a civil partnership—have limited financial claims if their relationship ends. The consultation revealed a divided public opinion: 49% agreed with the proposed changes to enhance these rights, while 39% disagreed, and 12% were uncertain. Many respondents emphasized the need for clarity in defining 'cohabitant' and debated whether their financial rights should align more closely with those of married couples.

Another significant topic was the proposal to raise the minimum age for marriage and civil partnerships to 18. This change aims to protect young individuals from potential coercion and ensure they are mature enough to make such a significant commitment. The consultation also addressed the criteria that religious and belief bodies must meet to conduct legal marriages, seeking to standardize and clarify these requirements.

Additionally, the government considered extending simplified divorce and dissolution procedures to cases involving children under 16. Simplified procedures currently apply to couples without children under 16, allowing for a more straightforward and less costly process. Extending this to include cases with younger children could streamline the legal process for many families, though it raises questions about ensuring adequate protections for children's welfare.

At Thompson Family Law, we understand that family law matters are deeply personal and can be complex. These proposed reforms have the potential to significantly impact many individuals and families across Scotland. We encourage those affected to stay informed and seek professional advice to understand how these changes might influence their specific circumstances.

For more detailed information on the consultation analysis, you can visit the Scottish Government's official publication: Family Law Reforms: Consultation Analysis.