No longer living together: how does Scots cohabitation law work in practice?

Abstract

In response to the greater diversity of family life in Scotland, the Family Law (Scotland) Act 2006 gives some recognition to people who live together without marriage or civil partnership and provides limited financial remedies at the end of cohabiting relationships. While these provisions do not give people who live together the same rights as spouses or civil partners, they create a middle way between that protection and none at all. It recognises unmarried cohabitants and gives some protection to those who are economically vulnerable when the relationship ends. This briefing presents research findings from the first study to review how these new provisions work in practice. The research is based on family lawyers’ experiences and views of the cohabitation provisions of the 2006 Act.