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Flashcards in irregular marriage Deck (6)
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1
Q

there are different types of irregular marriage but which one is the one which is most useful?

A

marriage by habit and repute.

abolished in the 2006 act.

2
Q

what are the requirements for habit

A

that firstly 1 thre must be cohabitation
2 they must believe that they are husband and wife
3 they are known as husband and wife to people around them
4 they have cohabited for a sufficient time
5 it is in scotland
both have capacity

3
Q

what is the rule if youre married to someone else but you cohabit with another?

A

cohabitation starts when marriage ends.

4
Q

case cohabitation must be as husband and wife

A

nicol v bell- unsucessfully tried to argue that his housekeeper was not his wife.

5
Q

reasonably long period of time

A

kamperman v maclver
the law does not prescribe any minimum period of cohabitation which must elapse before a marriage by cohabitation and repute can be established. In our opinion much will depend upon the nature and the quality

6
Q

The couple must be held and reputed to be husband and wife

A

What is society’s perception?

dewar v dewar