Report 261: An Improved Scheme for Financial Provision on Cohabitation Breakdown

The Scottish Law Commission’s report on cohabitation makes the following key recommendations for improvement of the law in this area: for a more modern and inclusive definition of “cohabitant” that does not rely on comparison with married couples or civil partners; for a clearer test for the court to apply when separated cohabitants claim financial provision, including guiding principles aimed at achieving fair outcomes for both parties; and a broader range of remedies for cohabitants, including orders for transfer of property and for short term payments for relief of serious financial hardship.