Mindmap
Misc. Marriage Topics (Scotland)
Inhalt der Mindmap
Misc. Marriage Topics (Scotland)
Challenging the Validity of a Marriage
- s.23A - If a marriage is registered; "validity of a marriage shall not be questioned... on ground of failure to comply with a requirement [of] ... this Act
- Exceptions?
- s.1 - minimum age for marriage
- s.2 - marriage of related persons
- Sohrab v Khan
- suggestion of forced marriage (not an exception covered by s.1&2)
- fraudulent marriage schedule also involved
- judgement held that if there is a fundamental issue with the marriage process then the validity of the marriage may still be challenged
- religious marriage carried out with fraudulent marriage schedule presented to registrar
- Exceptions?
- s.23A - If a marriage is registered; "validity of a marriage shall not be questioned... on ground of failure to comply with a requirement [of] ... this Act
Offences in the Formation of a Marriage
- s.24 Offences
- Falsification of a marriage schedule, certificate or declaration
- Knowingly using a forged schedule, certificate or declaration
- Solemnisation of a marriage in the absence of a marriage schedule
- Conducting a marriage when not an authorised celebrant
- s.6A makes marriage notice of no effect if false information is given
- s.24 Offences
Marriage of Same-Sex Couples
- s.5(4)(e) of the 1977 Act previously held such a marriage as void ab initio (from inception)
- s.5(4)(e) repealed by Marriage and Civil Partnership (Scotland) Act 2014 s.2 which came into force on the 16th December 2014
- Only one status of marriage which is now open to same-sex as well as mixed-sex couples i.e. there is no such thing as 'gay marriage' or 'heterosexual marriage'
- Rules of marriage the same for all couples except that religious or belief bodies can dissent from solemnising the marriage of a same sex couple (s.8(1A)&(1)(d)
- Note s.10 conversion of qualifying civil partnerships into marriages and s.5 adultery for purposes of divorce and impotence for purposes of voidable marriage excluded
- s.5(4)(e) of the 1977 Act previously held such a marriage as void ab initio (from inception)
Informationen
- Beschreibung
- All references made to Marriage (Scotland) Act 1977 unless otherwise stated
- Erstellt von
- Gelöschter Nutzer · Apr 2017
- Aktualisiert
- 7 Apr 2017
- Aufrufe
- 23
- Verlauf
-
- Erstellt von Ruaraidh Simpson · 7 Apr 2017
- Kopiert von Ruaraidh Simpson · 7 Apr 2017
- Bewertung