The Constitution Of Irregular Marriages

Question 1

Nicol v Bell 1954

Answer 1

There must be co habitation as husband and wife - must have intention to look like a couple

They lived together for 20 years and had a son together, Mr Bell said he only saw her as the housekeeper however this was rejected

Question 2

Dysart Peerage 1881

Answer 2

Cohabitation must be within the realm of Scotland

Question 3

Kamperman v MacIver 1994

Answer 3

Law does not prescribe any minimum period of cohabitation but will look at quality for marriage by cohabitation and repute

Question 4

Low v Gorman 1970

Answer 4

Parties must be free to marry

Question 5

Dewar v Dewar

Answer 5

Couple must be held to be husband and wife consistently

Couple lives together and their child didn’t know they weren’t married until he was 16 so proves consistency