754:
intercourse cannot be proved. The pursuer cannot seek a divorce based on their own adultery and the adulterous sexual intercourse committed by the defender must have been voluntary. To found a divorce on the behaviour of the defender the behaviour must be such as a reasonable person could not be expected to live with the defender. The behaviour can be from one event, though showing a pattern is more likely to convince the court, and it is irrelevant if the behaviour is passive or active or caused by a mental abnormality. There is no exact list of what behaviour will constitute grounds and the case law is filled with different examples. The finding by the court that the defender is at "fault" for the divorce will, however, not affect the amount of financial provision awarded or arrangements regarding any children.
518:
what is known as a "marriage notice" to the district registrar responsible for the area they intend to be married in along with birth certificates for each party. The district registrar will then enter the parties' details and the proposed date of the marriage in the local marriage notice book, which gives the public an opportunity to object to the marriage. In order to allow a sufficient amount of time for potential objections to be filed, there is normally a 14-day waiting period between the day the marriage notice is received and the parties can marry, although the registrar can shorten this period in exceptional circumstances. After the 14-day waiting period and the registrar has determined that there are no
936:
four parental responsibilities: (1) to safeguard and promote the child's health, development and welfare; (2) to provide, in a manner appropriate to the stage of development of the child: direction and guidance; (3) if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and (4) to act as the child's legal representative. The child, or anyone acting on behalf of the child, have title to bring legal proceedings to enforce a parental responsibility. Most of the parental responsibilities are extinguished when the child turns 16 years old, except the obligation to provide guidance, which ends when the child turns 18 years old.
35:
813:
and what considerations are to be taken into account when making any award. Once there is a divorce or dissolution the couple no longer are obliged to provide aliment to each other. The court, however, can make an order for a periodical allowance in certain circumstances, but such orders are more difficult to obtain as they go against the Family Law (Scotland) Act 1985's principle of a "clean break". Other orders such as capital sum payments, transfer of property and orders relating to pension benefits are utilised by the court to reduce the need for future periodical payments of support.
711:. Irretrievable breakdown is proved by one of the parties to the marriage showing that one or more defined circumstances exist. This eliminates the need for the judge to conduct an intimate examination of the relationship between the parties. There are "fault" and "no fault" grounds provided in the Act, and the speed at which a divorce can be obtained will be determined by what circumstances are relied on in the divorce proceedings. It is not possible for both parties to submit a joint petition for divorce, divorce cases must always have a person seeking the divorce (the
797:. The grounds to establish the existence of an irretrievable breakdown of the civil partnership are the same as divorce, except for adultery. Adultery, as a legal concept, can only take place between a male and female, but if a party in a civil partnership had sexual relations with another person this would fall under the behavioural ground for dissolution. The finding by the court that the defender is at "fault" for the dissolution will, however, not affect the amount of financial provision awarded or arrangements regarding any children.
959:
non-marital father will not automatically acquire the responsibilities and rights even if he is the child's biological father. From 4 May 2006, with the introduction of the Family Law (Scotland) Act 2006, a father named on the child's birth certificate also automatically obtains responsibilities and rights. It is important to note that the Act only applies to births from 4 May 2006 and any previous births would have to be re-registered by both parents in order for the father to obtain legal status.
612:, have less scope in regards to marriage. For example, a marriage contract is an exception to the general rule in Scots law that an error held by one of the parties induced by the fraudulent misrepresentation of the other makes the contract void. So, a marriage would not be void where a man married a woman because she told him she was pregnant with his child and actually she was not pregnant at all. On the other hand, grounds such as force, fear and duress will normally make the marriage void.
863:
similar to divorce and dissolution cases. The amount awarded will depend on how long the couple lived together, what their financial arrangements were, to what degree the defender has made an economic gain from cohabiting with the pursuer and whether the applicant has suffered an "economic disadvantage" in the interests of the defender. An application for financial provision must be made to the court within one year from when the couple ceased to cohabit.
945:
with him or her or otherwise to regulate the child's residence; (2) to control, direct or guide, in a manner appropriate to the stage of development of the child, the child's upbringing; (3) if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and (4) to act as the child's legal representative. The list of parental rights, like parental responsibilities, supersedes the
522:, he will issue what is known as the "marriage schedule". If the parties intend to have a religious ceremony, the marriage schedule acts as a licence authorising the celebrant to proceed, in which case the registrar will only issue it 7 days before the ceremony. If after 3 months no marriage schedule is issued because no religious ceremony is to occur, the registrar can require the parties to start again with a new marriage notice.
552:, (3) another person nominated by a religious body and registered with the Registrar General of Births, Deaths and Marriages, or (4) any other person over the age of 21 who is temporarily authorised by the Registrar General. After the ceremony, the parties sign the marriage schedule, which must be returned to the district registrar within three days of the ceremony.
944:
Parental rights exist to allow the individual or individuals responsible for the child to fulfil their parental responsibilities. Parental rights can only be exercised so far as practicable and in the best interests of the child. There are four recognised parental rights: (1) to have the child living
849:
the cohabitant has a right to continue living in the property and being a party to the lease if their cohabiting partner dies. If one party owns the home that they share the other party can apply to the court for the right to occupy the home in the event that the relationship breaks down. This right
829:
after having lived together for a certain period of time. The last form of irregular marriage, marriage by cohabitation with habit and repute, was abolished from 4 May 2006 and required more than just living together. The confusion could be caused by the continued existence of this type of common law
808:
While a couple are married or in a civil partnership they owe an obligation to financially support one another called "aliment". Aliment, as a legal obligation, can be enforced by the court up until the point that the marriage is brought to an end by divorce or the civil partnership is dissolved. The
753:
can be provided to support the claims of the pursuer and the case is determined "on the balance of probability" rather than "beyond a reasonable doubt". Therefore, for example, evidence of a husband staying in a hotel room with another woman for a night will likely establish adultery, even if sexual
653:
The civil ceremony to create the civil partnership may occur at the district registrar's office or any other location within the relevant district agreed between the parties and the district registrar. The ceremony, however, cannot take place in religious premises. The parties, two witnesses over the
949:
and therefore there is, "no room to argue that a parental right, say to physical chastisement exists beyond that found in the statutory rights listed above." The child, or anyone acting on behalf of the child, have title to bring legal proceedings to enforce a parental right. All parental rights are
958:
The birth mother of the child, even in cases of surrogacy, automatically acquires parental responsibilities and rights for her child. Only a father who is married to the mother at the time of conception or subsequently before the birth, automatically acquires parental responsibilities and rights. A
837:
The Family Law (Scotland) Act 2006 introduced new rights and obligations concerning cohabiting couples. For the purposes of the 2006 Act, a cohabiting couple is a couple (either opposite sex or same sex) who live together as if they were married or in a civil partnership. There is no minimum amount
812:
In the event of a decree of divorce or dissolution of a civil partnership being issued by a court, the court will also consider how the shared property and assets of the couple are to be divided. The Family Law (Scotland) Act 1985 sets out detailed provisions on what assets the court can deal with
530:
If the parties choose to have a non-religious ceremony, the district registrar will retain the marriage schedule. The ceremony is normally conducted by the district registrar at his or her office or at another government approved location in the district. The registrar may also conduct the ceremony
513:
was constituted when the parties, having agreed to marry on a future date, had sex. It has not been possible to form either of these irregular marriages since 1 July 1940. Marriage by cohabitation with habit and repute was constituted when the parties agreed to live together as husband and wife and
935:
The law, in dealing with children, emphasises the importance of doing what is practicable and best for the interests of the child's welfare rather than the parents and this guides the regulatory structure surrounding parental rights and responsibilities. The
Children (Scotland) Act 1995 introduced
775:
The court will suspend divorce proceedings if there is reason to believe that a reconciliation between the parties is possible. The court can also delay issuing a decree for divorce where one of the parties will be prevented from remarrying on religious grounds and the other party is able to take
615:
The only recognised ground where a marriage is voidable (i.e. the marriage exists until it is made void through a court order) is the incurable impotency of the husband. The impotency must have existed at the time the marriage was solemnised and continue to exist at the time that the wife seeks to
517:
Formal marriages are created under and according to the requirements of the
Marriage (Scotland) Act 1977. A formal marriage may be formed through either a religious ceremony or a civil ceremony, but both must generally comply with the same procedural requirements. First, the parties must submit
762:
If the parties have not lived together as husband and wife for a period of one year and both parties consent to the divorce then this establishes an irretrievable breakdown of the marriage. The defender's consent to the divorce must be granted at the court proceedings and can be withheld for any
862:
Cohabiting couples do not have a legal obligation to financially support one another like in a marriage or civil partnership. However, in the event of a breakdown of a cohabiting couple's relationship, one party can ask the court to make an order for financial provision in certain circumstances
641:
The Civil
Partnership Act 2004 created the status of civil partnership across the United Kingdom. It is distinct from marriage, although the rights and obligations between them are largely the same. The main difference between the two is that a civil partnership must be created through a civil
603:
in
Scotland has established that it would take a significant degree of lack of understanding or diminished intelligence before the marriage would be considered void. Extreme intoxication due to alcohol or drugs has been accepted as grounds by courts in the past. Other legal grounds to claim a
645:
The procedural requirements to create a civil partnership are largely the same as a marriage, except that the marriage notice is replaced with a "notice of proposed civil partnership" and the marriage schedule is replaced with a "civil partnership schedule". The proposed civil partnership is
841:
The 2006 Act creates a legal presumption that each party will have an equal share in household goods (excluding motor vehicles and money) acquired during the cohabitation. The parties are also presumed to have an equal share in any allowance or account created for joint household expenses.
682:
If any of these impediments exist when the civil partnership is created it will be void. In
Scotland, there are no grounds which will make a civil partnership voidable. If a civil partnership is formed in England and Wales or Northern Ireland and the civil partnership is voidable in those
514:
were generally reputed to be married amongst those who knew them well. It has not been possible to form this type of marriage since 4 May 2006 but such marriages that were created before that day continue to be valid, as well as some after in certain narrow circumstances.
788:
Dissolution, the legal process by which a civil partnership is brought to an end, is regulated by the Civil
Partnership Act 2004, which provides two legal grounds for dissolution: the "irretrievable breakdown of the civil partnership" or where one party has undergone
876:
The age of majority in
Scotland is 18 years old but under Scots law other criteria, such as the child's level of maturity and understanding, will sometimes also be relevant. The law also recognises a number of other ages which are significant in different contexts.
543:
is performed by a person who has been legally authorised by the government to sanction the marriage. The marriage schedule acts as a licence legally authorising the person to sanction the marriage. A religious ceremony may only be performed by (1) a minister of the
838:
of time specified that a couple must live together before they can be considered to be cohabiting, but the court will consider the amount of time as a factor when deciding whether they were living as if they were married or in a civil partnership.
748:
If the pursuer establishes an irretrievable breakdown of the marriage on grounds of adultery or behaviour then they can obtain a divorce immediately, while the other grounds require some period of prior separation.
766:
If the defender does not consent to the divorce, then the pursuer will only be able to establish an irretrievable breakdown of the marriage once the couple has not lived together as husband and wife for two years.
1168:
cites the example of authorising a person who is a priest registered outside
Scotland to marry relatives in Scotland. (Stair, Child and Family Law (Reissue), para. 528, footnote 6 (Online) Retrieved 23 February
809:
amount of aliment owed and the amount that a court will consider awarding depends on the needs and resources of the parties, the earning capacities of the parties and the general circumstances of the situation.
763:
reason or no reason at all. According to Stair, the defender to a divorce will often use their granting of consent as a way of bargaining favourable financial provision or arrangements concerning children.
901:
and consent to or veto his or her own adoption. There is also a legal presumption that the child has sufficient understanding to express a view as to his or her own future arrangements and to instruct a
926:
There is no fixed age at which a child is able to consent to medical treatment, instead the test is whether the child is able to understand the nature and possible consequences of the treatment.
599:. It is not possible for a person under the age of sixteen to marry, even with parental consent. A party who lacks the capacity to understand or consent to a marriage cannot marry, although
699:, the legal process by which a marriage is brought to an end, is now regulated by the Divorce (Scotland) Act 1976 as amended by the Family Law (Scotland) Act 2006, which provides two legal
619:
In the situation that a marriage is void or voidable, any legitimately interested party (usually one of the parties to the marriage) can seek a declarator of nullity of marriage from the
1394:
For a list of grounds which would make a civil partnership voidable in
England and Wales see Civil Partnership Act 2004, s. 50(1)(a)-(e); for Northern Ireland see s. 174(1)(a)-(e)
880:
The test to determine the legal capacity of a child will depend on the particular circumstances of the case and the law concerned. As a child ages their legal capacity develops:
800:
As with divorce proceedings, the court will suspend dissolution proceedings where the court has reason to believe that a reconciliation between the parties is possible.
2040:
293:
995:
887:- a child cannot be held responsible for his or her actions under criminal law. Children under the age of 16 years will normally be dealt with utilising a
616:
make the marriage void. Impotency in this case is distinguished from sterility and a refusal to have sex, both of which do not make the marriage voidable.
315:
338:
850:
can also be used in certain circumstances to block the party who owns the property from selling it and stop a bank from repossessing the home under a
112:
831:
95:
63:
636:
212:
140:
2070:
654:
age of sixteen and the district registrar will sign the civil partnership schedule and it will then be registered by the district registrar.
509:
was constituted where the parties, without any need of a witness, made a mutual declaration to take each other as husband and wife. Marriage
85:
2270:
419:
821:
Couples who live together but are not married or in a civil partnership have very limited legal obligations and rights. According to the
549:
447:
49:
2287:
2045:
996:"European Commission Green Paper on Conflict of Laws Concerning matrimonial property regimes - The Law Society of Scotland's Response"
2194:
2151:
222:
155:
150:
912:
There are also circumstances which are not connected directly to the child's age but to their maturity and understanding, such as:
646:
advertised and a 14-day waiting period for objections from the public applies. The district registrar has determined there are no
2017:
908:- a child may consent to sexual activity, marry, leave school and home, engage in full-time employment and transact as an adult.
34:
2224:
2084:
2094:
2079:
722:
The circumstances that will lead to a finding by the court that there is an irretrievable breakdown of the marriage are:
182:
58:
414:
1893:
68:
794:
790:
777:
708:
704:
310:
100:
2075:
256:
623:, which will acknowledge that their marriage is void and, in effect, never existed. When making such a ruling the
2307:
2254:
2089:
2026:
73:
2234:
2147:
464:
358:
207:
78:
467:
which regulate certain aspects of adult relationships and the rights and obligations in respect of children.
2199:
2055:
750:
440:
397:
117:
107:
968:
845:
Cohabiting couples also have limited rights which focus on their shared home. If the home is held under a
609:
298:
286:
281:
1984:
2178:
2174:
2156:
973:
380:
888:
678:
one or both of the parties are incapable of understanding or consenting to forming a civil partnership.
736:
not living as husband and wife for one year and there is consent to the divorce from both parties; and
2160:
2128:
2010:
548:, (2) a priest or other marriage celebrant of a religious body prescribed by regulations made by the
487:
481:
385:
261:
239:
172:
2275:
826:
822:
700:
491:
305:
53:
2229:
2209:
2169:
2133:
2124:
2115:
921:
624:
605:
581:
545:
433:
402:
217:
145:
90:
531:
anywhere in their district if one of the parties is suffering from a serious illness or injury.
733:
behaviour of the defender that makes it unreasonable for the pursuer to live with the defender;
2142:
780:
of the marriage. Once the impediment is removed the court will then issue the divorce decree.
348:
244:
177:
1651:
2214:
2137:
2119:
917:
620:
595:
If any of these impediments exist when the marriage is solemnised it will make the marriage
227:
135:
573:
one or both of the parties legally lacks capacity to understand or consent to the marriage;
2239:
2099:
2003:
1356:
600:
343:
160:
1964:
1957:
1950:
1943:
1936:
1929:
1922:
1915:
1908:
577:
1128:
Stair, Child & Family Law (Reissue), para. 527 (Online) Retrieved 23 February 2012
1092:
Stair, Child & Family Law (Reissue), para. 525 (Online) Retrieved 23 February 2012
1071:
Stair, Child & Family Law (Reissue), para. 534 (Online) Retrieved 23 February 2012
1044:
Stair, Child & Family Law (Reissue), para. 533 (Online) Retrieved 23 February 2012
1035:
Stair, Child & Family Law (Reissue), para. 532 (Online) Retrieved 23 February 2012
1026:
Stair, Child & Family Law (Reissue), para. 531 (Online) Retrieved 23 February 2012
2301:
2204:
1990:
1476:
Stair, Child and Family Law (Reissue), para. 603 (Online) Retrieved 29 February 2012
1428:
Stair, Child and Family Law (Reissue), para. 600 (Online) Retrieved 29 February 2012
1376:
Stair, Child and Family Law (Reissue), para. 642B (Online) Retrieved 24 February 2012
1346:
Stair, Child and Family Law (Reissue), para. 520B (Online) Retrieved 24 February 2012
1316:
Stair, Child and Family Law (Reissue), para. 520C (Online) Retrieved 24 February 2012
588:
333:
234:
167:
1971:
1593:
Stair, Child and Family Law (Reissue), para. 603 (Online) Retrieved 29 February 2012
1539:
Stair, Child and Family Law (Reissue), para. 614 (Online) Retrieved 29 February 2012
1518:
Stair, Child and Family Law (Reissue), para. 607 (Online) Retrieved 29 February 2012
2249:
2219:
739:
not living as husband and wife for two years when one party objects to the divorce.
650:
will issue the civil partnership schedule after the 14-day waiting period elapsed.
825:
it is a common misunderstanding in
Scotland that a couple will have established a
703:: the, "irretrievable breakdown of the marriage" or where one party has undergone
584:
and the party is impeded from marrying on another ground in that jurisdiction; or,
1831:
Stair, Child and Family Law (Reissue), para. 144 (Online) Retrieved 16 March 2012
1813:
Stair, Child and Family Law (Reissue), para. 133 (Online) Retrieved 16 March 2012
2050:
1795:
Stair, Child and Family Law (Reissue), para. 18 (Online) Retrieved 15 March 2012
1786:
Stair, Child and Family Law (Reissue), para. 20 (Online) Retrieved 16 March 2012
1638:
Stair, Child and Family Law (Reissue), para. 649 (Online) Retrieved 8 March 2012
1629:
Stair, Child and Family Law (Reissue), para. 645 (Online) Retrieved 8 March 2012
501:
Before the Marriage (Scotland) Act 1939, Scots law, following the principles of
498:
but, as of 4 May 2006, only formal marriages can now be contracted in Scotland.
353:
2244:
1497:
Stair, Child and Family Law (Reissue), para. 606 (Online) Retrieved 2012-02-29
1307:
Stair, Child and Family Law (Reissue), para. 621 (Online) Retrieved 23-02-2011
1298:
Stair, Child and Family Law (Reissue), para. 632 (Online) Retrieved 23-02-2011
1265:
Stair, Child and Family Law (Reissue), para. 627 (Online) Retrieved 23-02-2011
1253:
Stair, Child and Family Law (Reissue), para. 620 (Online) Retrieved 23-02-2011
1244:
Stair, Child and Family Law (Reissue), para. 630 (Online) Retrieved 23-02-2011
1197:
946:
898:
596:
662:
There are five legal impediments to forming a civil partnership in Scotland:
2065:
2060:
1995:
716:
502:
495:
407:
26:
776:
steps to prevent this impediment from arising, such as through a religious
560:
There are six defined impediments to both regular and irregular marriage:
851:
727:
627:
has the power to make awards for financial provision, like in a divorce.
390:
712:
696:
540:
249:
187:
675:
one or both of the parties are married or in a civil partnership; or,
846:
1999:
647:
1164:
This provision is used only in exceptional circumstances.
988:
What Has a Decade of Devolution Done for Scots Family Law?
1566:
Divorce (Scotland) Act 1976, ss. 3A(1)(a), (b)(i) and (2)
1196:
For a list of the forbidden degrees of relationship, see
1646:
1644:
1355:
For a list of the forbidden degrees of relationship see
672:
one or both of the parties are under the age of sixteen;
505:, recognised three types of informal marriage. Marriage
570:
one or both of the parties is under the age of sixteen;
683:
jurisdictions, it will also be voidable in Scotland.
2263:
2187:
2108:
2033:
1777:
Age of Legal Capacity (Scotland) Act 1991, s. 2(4A)
1895:The Laws of Scotland: Stair Memorial Encyclopaedia
1858:Human Fertilisation and Embryology Act 1990, s. 27
1804:Age of Legal Capacity (Scotland) Act 1991, s. 2(4)
1759:Age of Legal Capacity (Scotland) Act 1991, s. 2(3)
1750:Age of Legal Capacity (Scotland) Act 1991, s. 2(2)
519:
1674:
1672:
1080:Marriage (Scotland) Act 1977, ss. 3(1) and 26(2).
950:extinguished when the child turns 16 years old.
715:) and a person arguing against the divorce (the
1454:
1452:
1385:Civil Partnership Act 2004, ss. 124(1), 124(2)
2011:
1935:Human Fertilisation and Embryology Act 1990 (
1741:Criminal Procedure (Scotland) Act 1995, s. 41
1652:"Family Matters: Living Together in Scotland"
1342:
1340:
1155:Marriage (Scotland) Act 1977, s. 8(1)(a)(iii)
441:
8:
1424:
1422:
1420:
1418:
1261:
1259:
1178:Marriage (Scotland) Act 1977, s. 8(1)(a)(iv)
1146:Marriage (Scotland) Act 1977, s. 8(1)(a)(ii)
1001:. The Law Society of Scotland. November 2006
954:Who has parental responsibilities and rights
1942:Age of Legal Capacity (Scotland) Act 1991 (
1137:Marriage (Scotland) Act 1977, s. 8(1)(a)(i)
1088:
1086:
2018:
2004:
1996:
494:and formal. Both are equally valid under
448:
434:
339:Crown Office and Procurator Fiscal Service
17:
1732:Age of Majority (Scotland) Act 1969, s. 1
648:legal impediment to the civil partnership
1956:Criminal Procedure (Scotland) Act 1995 (
1876:Children (Scotland) Act 1995, s. 3(1)(b)
1867:Children (Scotland) Act 1995, s. 3(1)(a)
1723:Family Law (Scotland) Act 2006, s. 28(8)
1714:Family Law (Scotland) Act 2006, s. 28(3)
1696:Family Law (Scotland) act 2006, s. 27(2)
1687:Family Law (Scotland) Act 2006, s. 26(2)
1235:Marriage (Scotland) Act 1977, s. 5(4)(f)
1226:Marriage (Scotland) Act 1977, s. 5(4)(d)
1208:Marriage (Scotland) Act 1977, s. 5(4)(b)
1110:Marriage (Scotland) Act 1977, s. 6(4)(b)
316:Scottish Solicitors' Discipline Tribunal
1611:Family Law (Scotland) Act 1985, s. 1(1)
1548:Divorce (Scotland) Act 1976, s. 1(2)(e)
1458:Divorce (Scotland) Act 1976, s. 1(2)(d)
1446:Divorce (Scotland) Act 1976, s. 1(2)(b)
1437:Divorce (Scotland) Act 1976, s. 1(2)(a)
1325:Civil Partnership Act 2004, s. 92(5)(b)
1198:Schedule 1 Marriage (Scotland) Act 1977
1062:Family Law (Scotland) Act 2006, s. 3(3)
1019:
637:Civil partnership in the United Kingdom
25:
1991:Family law entry on scottishlaw.org.uk
1357:Schedule 10 Civil Partnership Act 2004
1187:Marriage (Scotland) Act 1977, s. 15(1)
795:interim gender recognition certificate
709:interim gender recognition certificate
658:Legal impediments to civil partnership
567:one of the parties is already married;
511:per verba de futuro subsequente copula
1907:Age of Majority (Scotland) Act 1969 (
1849:Children (Scotland) Act 1995, s. 2(7)
1840:Children (Scotland) Act 1995, s. 2(4)
1822:Children (Scotland) Act 1995, s. 1(3)
1705:Family Law (Scotland) Act 2006, s. 28
1678:Family Law (Scotland) Act 2006, s. 25
1602:Civil Partnership Act 2004, s. 118(1)
1584:Civil Partnership Act 2004, s. 117(4)
1575:Civil Partnership Act 2004, s. 117(3)
1217:Marriage (Scotland) Act 1977, s. 1(1)
1119:Marriage (Scotland) Act 1977, s. 6(2)
1101:Marriage (Scotland) Act 1977, s. 6(1)
7:
2271:Legal services in the United Kingdom
1620:Family Law (Scotland) Act 1985, s. 4
1557:Divorce (Scotland) Act 1976, s. 2(1)
1467:Divorce (Scotland) Act 1976, 1(2)(e)
1403:Divorce (Scotland) Act 1976, s. 1(1)
1367:Civil Partnership Act 2004, s. 86(1)
1334:Civil Partnership Act 2004, s. 93(3)
1053:Family Law (Scotland) Act 2006, s. 3
669:the parties are too closely related;
564:the parties are too closely related;
420:Scottish Legal Complaints Commission
415:Association of Commercial Attorneys
50:Justice and Communities Directorate
486:There are two types of recognised
294:Children's Reporter Administration
14:
666:the parties are not the same sex;
520:legal impediments to the marriage
156:Office of the Accountant of Court
1970:Family Law (Scotland) Act 2006 (
1928:Family Law (Scotland) Act 1985 (
223:Lords Commissioner of Justiciary
113:Criminal Cases Review Commission
33:
1768:Child (Scotland) Act 1995, s. 6
1657:. Scottish Government. May 2006
1412:Divorce (Scotland) Act, s. 1(2)
576:one or both of the parties are
1985:Family Law (Scotland) Act 2006
1949:Children (Scotland) Act 1995 (
1921:Marriage (Scotland) Act 1977 (
471:Marriage and civil partnership
86:Courts & Tribunals Service
1:
1914:Divorce (Scotland) Act 1976 (
891:rather than a criminal court.
556:Legal impediments to marriage
183:Sheriff Personal Injury Court
96:Office of the Public Guardian
59:Cabinet Secretary for Justice
1963:Civil Partnership Act 2004 (
897:- a child can write a valid
885:Under the age of 8 years old
69:Judicial Complaints Reviewer
2288:United Kingdom law category
791:gender reassignment surgery
771:Issuing a decree of divorce
705:gender reassignment surgery
257:Justice of the peace courts
101:Scottish Sentencing Council
64:Judicial Appointments Board
2324:
2152:English administrative law
986:Aitken, Bill, ed. (2009).
634:
479:
2284:
2041:Parliamentary sovereignty
2027:Law of the United Kingdom
931:Parental responsibilities
74:Parole Board for Scotland
465:body of laws in Scotland
208:High Court of Justiciary
2179:English civil procedure
2056:Law of Northern Ireland
1509:1980 SLT (Notes) 20, OH
751:Circumstantial evidence
687:Divorce and dissolution
604:contract is void under
2195:British Virgin Islands
744:Adultery and behaviour
507:per verba de praesenti
287:Lord Lyon King of Arms
282:Court of the Lord Lyon
990:. Jordans/Family Law.
974:Judiciary of Scotland
832:number of U.S. states
262:Justices of the peace
2161:English criminal law
2129:English contract law
488:marriage in Scotland
482:Marriage in Scotland
386:Faculty of Advocates
328:Criminal prosecution
240:Sheriff Appeal Court
213:Lord Justice-General
173:Sheriff Appeal Court
1530:1977 SLT (Notes) 69
969:Children's Hearings
858:Financial provision
827:common-law marriage
823:Scottish Government
804:Financial provision
701:grounds for divorce
299:Children's Hearings
54:Scottish Government
21:Part of a series on
2170:English family law
2046:Constitutional law
889:Children's Hearing
606:Scots contract law
587:the marriage is a
582:legal jurisdiction
550:Secretary of State
546:Church of Scotland
541:religious ceremony
535:Religious ceremony
403:Solicitor-Advocate
218:Lord Justice Clerk
146:Lord Justice Clerk
91:College of Justice
2295:
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2276:British penal law
1486:Stewart v Stewart
920:under the law of
631:Civil partnership
458:
457:
349:Procurator fiscal
245:Sheriff Principal
228:Acts of Adjournal
178:Sheriff Principal
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2255:English case law
2138:English land law
2120:English tort law
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161:Acts of Sederunt
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2240:Anglo-Saxon law
2188:Related systems
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2085:Competition law
2071:Civil liberties
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1372:
1363:
1351:
1330:
1321:
1312:
1303:
1294:
1286:
1282:
1274:
1270:
1249:
1240:
1231:
1222:
1213:
1204:
1192:
1183:
1174:
1165:
1160:
1151:
1142:
1133:
1124:
1115:
1106:
1097:
1076:
1067:
1058:
1049:
1040:
1031:
1022:
1003:. Retrieved
987:
957:
943:
934:
911:
906:16 years old
905:
895:12 years old
894:
884:
879:
875:
861:
844:
840:
836:
820:
817:Cohabitation
811:
807:
799:
787:
774:
765:
761:
747:
721:
695:
681:
661:
652:
644:
640:
618:
614:
594:
559:
538:
529:
516:
510:
506:
500:
485:
460:
459:
359:Precognition
130:Civil courts
15:
2230:New Zealand
2051:English law
1902:Legislation
1287:Lang v Lang
784:Dissolution
580:in another
398:Law Society
354:Fiscal fine
2245:Common law
2090:Labour law
1883:References
1289:1921 SC 44
947:common law
916:A child's
902:solicitor.
758:Separation
642:ceremony.
635:See also:
608:, such as
480:See also:
306:Land Court
2215:Hong Kong
2200:Australia
2066:Welsh law
2061:Scots law
918:liability
778:annulment
578:domiciled
503:canon law
496:Scots law
408:Solicitor
381:Judiciary
27:Scots law
2302:Category
2264:See also
1888:Academic
963:See also
867:Children
852:mortgage
728:adultery
717:defender
492:informal
476:Marriage
391:Advocate
250:Sheriffs
2225:Ireland
2076:Company
1987:on OPSI
1661:8 March
1005:2 April
713:pursuer
697:Divorce
692:Divorce
463:is the
188:Sheriff
52:of the
2250:Equity
2205:Canada
2143:Trusts
922:Delict
2220:India
2175:Scots
2166:Scots
2157:Scots
2148:Scots
2134:Scots
2125:Scots
1972:asp 2
1965:c. 33
1958:c. 46
1951:c. 36
1944:c. 50
1937:c. 37
1930:c. 37
1923:c. 15
1916:c. 39
1909:c. 39
1655:(PDF)
1169:2012)
1166:Stair
1015:Notes
999:(PDF)
847:lease
625:judge
610:error
2177:and
2168:and
2159:and
2150:and
2136:and
2127:and
2118:and
2078:and
1663:2012
1007:2010
899:will
597:void
719:).
2304::
1671:^
1643:^
1451:^
1417:^
1339:^
1258:^
1085:^
854:.
834:.
539:A
490:,
2019:e
2012:t
2005:v
1974:)
1967:)
1960:)
1953:)
1946:)
1939:)
1932:)
1925:)
1918:)
1911:)
1665:.
1009:.
730:;
591:.
449:e
442:t
435:v
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