Scottish Government Proposes Reforms to Strengthen Rights of Unmarried Cohabiting Couples

11 July 2026

In recent years, the landscape of family relationships in Scotland has evolved significantly, with more couples choosing to live together without formalizing their union through marriage or civil partnership. Recognizing this shift, the Scottish Government has initiated a consultation aimed at reforming family law to better protect the financial rights of unmarried cohabiting couples.

Currently, cohabiting partners in Scotland have limited legal rights compared to their married counterparts. This disparity can lead to financial vulnerability, especially when relationships end or if one partner passes away without a will. The proposed reforms seek to address these issues by providing clearer legal frameworks and protections for cohabitants.

Key aspects of the consultation include:

• Financial Provision on Separation: Introducing measures that would allow courts to grant financial remedies to cohabiting partners upon separation. This could include property adjustment orders, lump sum payments, and, in exceptional cases, maintenance payments. Such provisions aim to ensure a fair distribution of assets and financial support, reflecting the contributions made by both partners during the relationship.
• Inheritance Rights: Granting cohabiting partners automatic inheritance rights if their partner dies intestate (without a will). This change would recognize the commitment and interdependence of cohabiting relationships, ensuring that surviving partners are not left without financial support.
• Legal Recognition of Agreements: Making cohabitation agreements legally binding to provide clarity and security for couples who choose to outline their financial arrangements formally. This would help prevent disputes and provide a clear understanding of each partner's rights and responsibilities.

These proposed changes aim to modernize family law in Scotland, reflecting the diverse nature of contemporary relationships. By extending legal protections to cohabiting couples, the government acknowledges the need for a fairer system that safeguards individuals from potential financial hardship.

At Thompson Family Law, we understand that navigating the legal aspects of cohabitation can be complex. Our experienced solicitors are here to provide clear, practical advice tailored to your unique situation. Whether you're considering a cohabitation agreement, facing a relationship breakdown, or seeking information on your rights, we're committed to supporting you every step of the way.

For more information on the consultation and how it may affect you, please visit the Scottish Government's official website or contact our offices in Glasgow (Bishopbriggs), Edinburgh, Coatbridge, or Airdrie. We're here to help you understand your rights and ensure you're protected under the evolving legal landscape.