irregular marriage Flashcards
there are different types of irregular marriage but which one is the one which is most useful?
marriage by habit and repute.
abolished in the 2006 act.
what are the requirements for habit
that firstly 1 thre must be cohabitation
2 they must believe that they are husband and wife
3 they are known as husband and wife to people around them
4 they have cohabited for a sufficient time
5 it is in scotland
both have capacity
what is the rule if youre married to someone else but you cohabit with another?
cohabitation starts when marriage ends.
case cohabitation must be as husband and wife
nicol v bell- unsucessfully tried to argue that his housekeeper was not his wife.
reasonably long period of time
kamperman v maclver
the law does not prescribe any minimum period of cohabitation which must elapse before a marriage by cohabitation and repute can be established. In our opinion much will depend upon the nature and the quality
The couple must be held and reputed to be husband and wife
What is society’s perception?
dewar v dewar
