The Scottish Law Commission has launched a consultation seeking views on whether the law of cohabitation should be reformed.
The number of cohabiting families in the UK has almost doubled in the last twenty years. This may be explained by an increasing trend to cohabit rather than marry or cohabit for a period before marrying. Scotland led the way within the UK by introducing certain legal protections for cohabitants in 2006. This legislation was designed to protect cohabitants from unfair situations arising both in the event of separation or death.
We discuss the Family Law (Scotland) Act 2006 which abolished common law marriage and its impact on cohabiting couples.