Misc. Marriage Topics (Scotland)

Misc. Marriage Topics (Scotland)

1. 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

2. 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

3. 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     • s.5(4)(e) repealed by Marriage and Civil Partnership (Scotland) Act 2014 s.2 which came into force on the 16th December 2014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