8469889
Description
Mind Map by Ruaraidh Simpson, updated more than 1 year ago
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Created by Ruaraidh Simpson
over 7 years ago
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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
- s.1 -
minimum
age for
marriage
- 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
- suggestion of
forced marriage
(not an exception
covered by s.1&2)
- 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
- Falsification of a marriage schedule,
certificate or declaration
- 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- s.5(4)(e) repealed by Marriage and Civil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
- s.5(4)(e) repealed by Marriage and Civil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)
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