Scotland gave cohabiting couples financial rights on separation nearly twenty years ago, through sections 25 to 29 of the Family Law (Scotland) Act 2006. Those provisions have long been criticised as complex, unpredictable and narrower than the rights available on divorce. Change is now firmly on the agenda: a Scottish Government consultation on reforming cohabitants’ financial rights closed on 21st April 2026, building on the Scottish Law Commission’s 2022 Report on Cohabitation and its draft Cohabitants (Financial Provision) Bill.
What reform is being considered
The Commission’s recommendations, which the consultation takes forward, include giving courts the power to make property transfer orders between former cohabitants, something the current law does not allow; a more lenient approach to the strict one-year time bar for raising a claim after separation; and a clearer set of guiding principles so that separating couples and their solicitors can better predict what a court will award. Pension sharing was considered during the reform process, but the Scottish Law Commission did not recommend extending pension sharing to former cohabitants; pensions law is in any event reserved to Westminster, so any such change would need legislation there as well.
One change has already been passed
Where a cohabitant dies without a will, the survivor currently has only six months from the date of death to claim against the estate. The Scottish Parliament has already legislated to extend that period to twelve months, in section 78 of the Trusts and Succession (Scotland) Act 2024, although the change has not yet been brought into force. Until it is, the six-month limit continues to apply, and it remains one of the tightest deadlines in Scots family law.
What this means if you are separating now
None of the proposed reforms is law yet. Consultation responses must be analysed, a Bill introduced, scrutinised and passed, and commencement arranged, a process that can take years. If you are separating from a cohabiting partner today, your rights are governed by the 2006 Act as it stands: a claim for a capital sum based on economic advantage and disadvantage, raised within one year of separation, with no property transfer and no ongoing maintenance. Waiting for a better law is not a strategy, because the current deadline will extinguish your claim long before any reform arrives.
Speak to a specialist
We practise family law only, and we advise cohabitants across Scotland on claims, cohabitation agreements and separation. If you are unsure where you stand, our free initial telephone call of approximately 10–15 minutes is the place to start.