Misc. Marriage Topics (Scotland)

Challenging the Validity of a Marriage
1. 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
  1. Exceptions?
    1. s.1 - minimum age for marriage
    2. s.2 - marriage of related persons
  2. Sohrab v Khan
    1. suggestion of forced marriage (not an exception covered by s.1&2)
    2. fraudulent marriage schedule also involved
    3. judgement held that if there is a fundamental issue with the marriage process then the validity of the marriage may still be challenged
    4. religious marriage carried out with fraudulent marriage schedule presented to registrar
Offences in the Formation of a Marriage
1. s.24 Offences
  1. Falsification of a marriage schedule, certificate or declaration
  2. Knowingly using a forged schedule, certificate or declaration
  3. Solemnisation of a marriage in the absence of a marriage schedule
  4. Conducting a marriage when not an authorised celebrant
  5. s.6A makes marriage notice of no effect if false information is given
Marriage of Same-Sex Couples
1. s.5(4)(e) of the 1977 Act previously held such a marriage as void ab initio (from inception)
  1. s.5(4)(e) repealed by Marriage and Civil Partnership (Scotland) Act 2014 s.2 which came into force on the 16th December 2014
2. 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'
3. 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)
4. 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

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Misc. Marriage Topics (Scotland)

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