Marriage

Question 1

If there is a promise of marriage does that create an obligation to?

Answer 1

NO

- no promise of marriage or agreement to marry shall ave effect to create any rights or obligations

Question 2

What may happen if a party to an engagement breaches that agreement?

Answer 2

NOTHING per Law Reform (H and W) (S) Act 1984, s.1

- No action is available for breach of any such ageement or promise in Scotland

Question 3

How was marriage defined in Hyde v Hyde 1865?

Answer 3

marriage as understood by Christendom may be defined as the voluntary union for life of one man and one woman to the exclusion of all others

Question 4

Upon until very recently was type of irregular marriage did Scotland entertain?

Answer 4

-where parties who lived together as husband and wife for an extended period of time (marriage by cohabitation with habit and repute) could be every bit as married as a couple who had followed the procedures

Question 5

How may marriages be entered into in Scotland?

Answer 5

• by way or religious or belief ceremonies

- by way of civil ceremonies

Question 6

What is the first thing two parties must do who wish to be married?

Answer 6

• Submit a notice of intention to be married or CP to registrar of district
• per s.3 of marriage (s) act 1977

Question 7

Where may civil marriages take place?

Answer 7

• S.18 of the marriage (s) act 1977 details where and where not civil marriages can take place

Question 8

Who may solemnise a civil marriage?

Answer 8

s. 8(1)(b) of 1977a act

- a person who is a district registrar or assistant registrar

Question 9

Who may solemnise a religious or belief marriage?

Answer 9

• Marriage (S) Act 1977, s.8(1)

Question 10

Who may solemnise a religious or belief ceremony for same sex marriages?

Answer 10

• Marriage (S) Act 1977, s.8(1B)

Question 11

Preliminaries to a religious or belief marriage?

Answer 11

Marriage (S) Act 1977, s.13

Question 12

Forms of ceremony for religious or belief marriage?

Answer 12

Marriage (S) Act 1977, s.14

Question 13

Details of registration of a religious or belief marriage?

Answer 13

M(S)A 1977, s.15

Question 14

What happened in Sohrab v Khan 2002?

Answer 14

• Pursuer, 19 at time of acton, had been 16 when she went though arranged marriage ceremony
• She only was told of wedding 1 week prior to it
• P protested but was told she would be ostracised from family if she did not comply and mother said she would commit suicide
• Ceremony took place in December 1998 and P ceased cohabitation in April the following yearr
• Marriage described as “short, unhappy and interrupted”
  HELD
• Lord McEwan accepted that the pursuer did nt give genuine consent as she had been put under more pressure than a 16 year could bear and her will was broken
• The fact no marriage schedule was produced at solemnisation following notice of intention to marry failed to meet requirement even where registration follow
• Marriage was declared void

Question 15

What offences may lead to questions of the validity of marriage?

Answer 15

s.24 of marriage (S) act 1977