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Scots Family Law > Marriage > Flashcards

Flashcards in Marriage Deck (15)
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1

If there is a promise of marriage does that create an obligation to?

NO
- no promise of marriage or agreement to marry shall ave effect to create any rights or obligations

2

What may happen if a party to an engagement breaches that agreement?

NOTHING per Law Reform (H and W) (S) Act 1984, s.1
- No action is available for breach of any such ageement or promise in Scotland

3

How was marriage defined in Hyde v Hyde 1865?

marriage as understood by Christendom may be defined as the voluntary union for life of one man and one woman to the exclusion of all others

4

Upon until very recently was type of irregular marriage did Scotland entertain?

-where parties who lived together as husband and wife for an extended period of time (marriage by cohabitation with habit and repute) could be every bit as married as a couple who had followed the procedures

5

How may marriages be entered into in Scotland?

- by way or religious or belief ceremonies
- by way of civil ceremonies

6

What is the first thing two parties must do who wish to be married?

- Submit a notice of intention to be married or CP to registrar of district
- per s.3 of marriage (s) act 1977

7

Where may civil marriages take place?

- S.18 of the marriage (s) act 1977 details where and where not civil marriages can take place

8

Who may solemnise a civil marriage?

s.8(1)(b) of 1977a act
- a person who is a district registrar or assistant registrar

9

Who may solemnise a religious or belief marriage?

- Marriage (S) Act 1977, s.8(1)

10

Who may solemnise a religious or belief ceremony for same sex marriages?

- Marriage (S) Act 1977, s.8(1B)

11

Preliminaries to a religious or belief marriage?

Marriage (S) Act 1977, s.13

12

Forms of ceremony for religious or belief marriage?

Marriage (S) Act 1977, s.14

13

Details of registration of a religious or belief marriage?

M(S)A 1977, s.15

14

What happened in Sohrab v Khan 2002?

- Pursuer, 19 at time of acton, had been 16 when she went though arranged marriage ceremony
- She only was told of wedding 1 week prior to it
- P protested but was told she would be ostracised from family if she did not comply and mother said she would commit suicide
- Ceremony took place in December 1998 and P ceased cohabitation in April the following yearr
- Marriage described as "short, unhappy and interrupted"
HELD
- Lord McEwan accepted that the pursuer did nt give genuine consent as she had been put under more pressure than a 16 year could bear and her will was broken
- The fact no marriage schedule was produced at solemnisation following notice of intention to marry failed to meet requirement even where registration follow
- Marriage was declared void

15

What offences may lead to questions of the validity of marriage?

s.24 of marriage (S) act 1977