The Family Law Act (Scotland) became law on on 4th May 2006. This act, and the Civil Partnership Act (2004), which became law on 5th December 2005, together granted same-sex cohabiting couples most of the same rights as mixed-sex cohabiting couples.
In general, a cohabiting couple acquires rights by living together "as civil partners" (or "as husband and wife"). You cease to have those rights as soon as you stop living together, and in case of a dispute, it might require to be proved in court that you and your bidie-in are living together as if in a civil partnership. These are some of the rights that same-sex cohabiting couples now have:
Immigration: a cohabiting same-sex couple who have lived together for at least two years are already treated identically to a cohabiting mixed-sex couple for purposes of applying for a residence visa in the UK.
State benefits: When either or both of you apply for means-tested state benefits, the income of both partners will be taken into account. Before 5th December, a same-sex relationship was invisible to the means-test: afterwards, it won’t be, whether or not you get a civil partnership. This also applies to the Child Support Agency’s assessments for child support.
Occupancy rights: This is the right not to be evicted from the matrimonial home, whether or not your name is on the title deeds. On proof of cohabitation, a court may award temporary occupancy rights to a bidie-in. If the person who owns the home sells or lets it, their bidie-in can be evicted from it.
Domestic violence: A bidie-in can apply for a domestic interdict to ban a violent partner from the home they both live in.
Damages and compensation: A bidie-in can apply for compensation from the state if their partner is killed as a result of a criminal act; and can claim damages from someone who causes the death or injury of their partner.
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