constitution of marriage

Question 1

how to get married

Answer 1

if you promise to marry someone then your partner can no longer take you to court if you brake your promise. (see legislation) this applies to both same sex and opposite sex.

there is a rebuttable presumption that a wedding ring and engagement presents can be taken back if the marriage does not go ahead.

This applies to either same sex or opposite sex partners.
firstly, one partner needs to be in the country before the other party to submit their Marriage Notice into the district registrar of the district in which they want to get married. this contains the parties names and information regarding them. then, they must wait 28 days until their application has been approved, this gives the registrar time to place the notice of the coupe getting married and allows anyone to challenge the application. if it is challenged for example one party does not have capacity then the district registrar will investigate and either approve or decline the application. once the 28 days are over, the registrar gives the couple a marriage schedule which is basically a licence for the same sex couple to get married and the same sex couple keep the marriage schedule until the date of marriage. for same sex partners, they do not recieve the marriage schedule until the date of the ceremony and marriage schedule is signed by both parties. Once the marriage has taken place infront of 2 people over the age of 16, happened between two people and they have the marriage schedule they are married.

Question 2

legislation for who can solemnise a marriage?

Answer 2

marriage scotland act 1977 s9

Question 3

legislation which shows that it does not matter if some formalities are missed.

Answer 3

section 23 A as long as both parties there and marriage regitered in district registrar.

Question 4

cases showing how a marriage was not valid

Answer 4

saleh v saleh - parties were present but no registration took place so invalid.
sohrab v khan - marriage schedule was issued after the marriage so not valid.

Question 5

case which shows that marriage is if the most free consent?

Answer 5

hyde v hyde

Question 6

case which shows that contract law and the contract of marriage are quite different.

Answer 6

lang v lang

Question 7

what are the two different types of marriage?

Answer 7

marriage by religious or belief and marriage by same sex which is known as civil.