Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

About Jones Whyte Law

SEMINAR: Increase in Cohabitation and the difficulties arising in these specialist cases

Cohabitation Seminar: Thursday 23rd May, Glasgow

For many people, marriage is seen as old-fashioned and doesn’t work within today’s society. More and more couples are reluctant to get married in order to keep their finances separate, and therefore we are seeing a huge increase in cohabitation. However many of these couples are unaware that cohabiting could have major consequences if the relationship ends, with the possibility of a financial claim if they split.

At this seminar, aimed at legal professionals, Jones Whyte family law experts, along with renowned family law Advocate Kirsty Malcolm, will discuss the Family Law (Scotland) Act 2006 and examine some of the difficulties arising in cohabitation cases and the consequences of not understanding this complex legal situation.

We will explore:

  • practical examples and difficulties arising from the strict time limits allowed for making a claim;
  • quantification of claims, looking at what would and would not give rise to a claim;
  • the difference between live claims and claims by surviving cohabitants on death; as well as
  • the reform discussions underway and what this may mean for legal professionals and their clients in the future.


DATE: Thursday 23rd May 2019

VENUE: Radisson Blu, Glasgow

TIME: 5.30-7.30pm



5.30pm      – Coffee & Registration

6pm           – Common Law Marriage and what rights do Cohabitees really have? Greg Whyte, Managing Partner, Jones Whyte

6.10pm      – What is the purpose of the Family Law (Scotland) Act 2006? Looking at the difficulties that can arise in cohabitation cases and what the future holds, Kirsty Malcolm, Advocate

6.40pm      – Cohabitation Agreements and case law update, Cameron Shaw, Associate, Jones Whyte

6.55pm      – Summary, Questions & Discussion

7.10pm      – Drinks & Networking

RSVP:  This seminar is free to attend but places are limited. To reserve your place, please RSVP to This email address is being protected from spambots. You need JavaScript enabled to view it. or call 0141 375 1222.



Kirsty Malcolm called to the Bar in 2007 and has an established practice in the field of family law. Her caseload predominantly involves acting in high value or complex claims for financial provision on divorce, and claims for financial provision on the breakdown of cohabitation. In addition, her work includes cases involving disputes over children, whether international child abduction or more complex residence/contact/relocation disputes. 

Kirsty appears regularly in the Court of Session and Sheriff Court, at first instance and on appeal. She has taken two cases to the Supreme Court, one in relation to cohabitation the other pensions on divorce.

She has been described as a leading expert in cohabitation claims by the Legal 500, and is ranked in band 1 in Chambers & Partners in the category of Family/Matrimonial advocates.

Kirsty is accredited as an arbitrator by the Family Law Arbitration Group Scotland (FLAGS), and is interested in developing this form of alternative dispute resolution in family law. She is currently the Treasurer of the Advocates Family Law Association and is a member of the Faculty of Advocates, Family Law Reform Committee.

Cameron Shaw is an Associate in the Jones Whyte Family Law team and advises on all aspects of family law including financial provision on separation, divorce and dissolution of civil partnerships; adoption / permanence order cases; cohabitation disputes and cohabitation agreements. Cameron also advises on Adults with Incapacity law and all matters of child law.

Cameron is a member of the Family Law Association and the Adoption and Fostering Alliance, Scotland legal group. Trained in collaborative law and a member also of Consensus, Cameron regularly appears in Sheriff Courts across Scotland and has experience of instructing Counsel in cases both in the Sheriff Court and Court of Session. Cameron is also appointed as an independent Curator ad Litem and Reporting officer for Permanence Order and Adoption applications lodged at Edinburgh Sheriff Court.

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