An improved scheme for financial provision on cohabitation breakdown

The Scottish Law Commission publishes a Report on Cohabitation, along with a summary and news release.

The law relating to financial provision on breakdown of a cohabiting relationship (where a couple are not married or in a civil partnership) has been criticised for being unclear, complicated and in need of modernisation. In particular, the definition of “cohabitant” is regarded as outdated, the time limit for making a claim as lacking in flexibility and there is a lack of guidance as to what principles the court is to apply in determining claims for financial provision. In recognition of these criticisms and of the substantial number of couples in cohabiting relationships in Scotland, our reforms aim to provide cohabitants with a more modern, simpler and fairer scheme for financial provision when their relationships come to an end otherwise than on death.