Scotland’s cohabitation law—ahead of the times?

Table of contents

• What is the background to the introduction of the Family Law (Scotland) Act 2006 and why was it necessary for it to be introduced in Scotland? How has the Scottish cohabitation regime generally been received?
• What are the key differences between Scottish and English and Welsh cohabitation laws?
• How has it worked in practice and what was the impact of the Supreme Court’s ruling in Gow v Grant? Has there been any other important case law?
• Are any further amendments to the law necessary and can we expect any reform in the future?
• What should practitioners be wary of when advising their non-married clients?

Article summary

Family analysis: Lucy Metcalf, family law director at Thorntons, discusses the key differences between Scottish and English and Welsh cohabitation laws, and suggests what practitioners should be aware of when advising cohabitant clients.