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13 Cards in this Set
- Front
- Back
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Marriage |
Marriage is the voluntary union for life of one man and one woman to the exclusion of all others".
Lord Penzance, Hyde v. Hyde (1866) LR 1 P&D 130 |
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Q: Marriage between one man and one woman subverted by what authority? |
A: Marriage and Civil Partnership (Scotland) Act 2014 |
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What about Transgender people? |
Corbett v. Corbett (1971) |
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Corbett disapproved in 2002 by ECHR in Goodwin v. UK. |
These issues resulted in the creation of the Gender Recognition Act 2004. |
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However, seeking a Gender Recognition Certificate is troublesome. |
If the person seeking a GRC is married/ in a civil partnership there must be divorce or dissolution. |
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Q: Entry in to Marriages and Civil Partnerships are governed by which to acts, respectively? |
A: Marriage (Scotland) Act 1977 |
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Five Requirements during a marriage/ civil partnership ceremony |
(1) Both parties must be present. (2) Two witnesses professing to be, or in the case of civil partnership actually being, 16 years of age or older must be present. (3) The parties must declare that they accept each other. (4) The celebrant must declare the parties. (5) After the ceremony, the Marriage or Civil Partnership Schedule must be signed by the parties, the celebrant and the witnesses and it must be returned to the district registrar within three days. |
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Forbidden Degrees |
Marriage Scotland Act 1977 s.2 Civil Partnership Act 2004 s. 86 (2)-(4) |
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1. Relationships by Consanguinity |
A person may not marry, nor enter into a civil partnership with his or her:
Parent, Child, Grandparent, Grandchild, Great Grandparent,Great Grandchild, Sister/ Brother, Aunt/ Uncle, Niece/ Nephew |
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2. Relationships by Adoption |
A person may not marry, nor enter a civil partnership with any of the following, his or her:
Adoptive parent Adopted child Former adoptive parent Former adoptive child |
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3. Relationships by Affinity |
A person may not marry, nor enter a civil partnership with, any of the following:
The child or grandchild of his or her former spouse or former civil partner or the former spouse or civil partner of his or her parent or grandparent.
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Polygamy is illegal under? |
s.100 and s.28 of the Civil Partnership Act (2004) and the Marriage (Scotland) Act 1977, respectively |
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Age of Marriage?
Age (1977 Act, s 1; 2004 Act, s 86(1)(c) and s 217(3)-(4)) |
The age of 16 applies to all marriages and civil partnerships in Scotland and to all Scots domiciliaries marrying or entering civil partnership abroad. The marriage partner can be under 16 if domiciled in a foreign country and this is accepted in the foreign place of marriage; but with civil partnership both partners must be 16 or more no matter what the law of the domicile or of the place of registration says |
