Laws on cohabiting people ‘out of date, unclear and complicated’ says watchdog

Couples could receive financial support from their partners if relationships break down, a report aimed at reforming the law for cohabiters in Scotland has suggested.

In the report, published on Wednesday, the Scottish Law Commission reviewed existing legislation for cohabitants and found it was “out of date, unclear and overly complicated”.

They found attitudes to relationships and families had changed in Scotland since this was introduced as part of the Family Law (Scotland) Act in 2006.

The commission’s recommended reforms are aimed at “achieving fairer outcomes” for cohabitants by simplifying the law as well as a broader range of remedies for when relationships break down.

The report suggests a more modern and inclusive definition of “cohabitant” that does not rely on comparison with married couples or civil partners.

A clearer test for courts to apply when separated cohabitants make a claim for financial provision and guiding principles to achieve fair outcomes for both parties was also suggested.

Parties could provide short-term financial support for former partners in the case of serious hardship, the report suggested, with courts being required to take notice of existing agreements between cohabitants.

Kate Dowdalls KC, lead Commissioner on the project, said: “Problems in this area of law were identified shortly after the 2006 Act came into force. Reform is long overdue.

“We are pleased to publish our report on cohabitation today. Our thanks go to everyone who has taken an interest in this project, especially our advisory group and those who responded to the discussion paper on cohabitation and online public attitudes survey, both published in 2020.

“These contributions, and others, have helped shape policy and enabled us to make recommendations for change in this important aspect of family law.”