Search Legislation

Family Law (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Family Law (Scotland) Act 2006, Cross Heading: Marriage. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

MarriageS

1Marriage to parent of former spouse: removal of special requirementsS

In the Marriage (Scotland) Act 1977 (c. 15)—

(a)in section 2 (marriage of related persons)—

(i)in subsection (1), for “subsections (1A) and (1B)” there shall be substituted “ subsection (1A) ”; and

(ii)subsection (1B) shall be repealed; and

(b)in Schedule 1 (relationships by affinity referred to in section 2(1B)), paragraph 2A shall be repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 1 in force at 4.5.2006 by S.S.I. 2006/212, art. 2

2Void marriagesS

After section 20 of the Marriage (Scotland) Act 1977 (c. 15) there shall be inserted—

Void marriagesS

20AGrounds on which marriage void

(1)Where subsection (2) or (3) applies in relation to a marriage solemnised in Scotland, the marriage shall be void.

(2)This subsection applies if at the time of the marriage ceremony a party to the marriage who was capable of consenting to the marriage purported to give consent but did so by reason only of duress or error.

(3)This subsection applies if at the time of the marriage ceremony a party to the marriage was incapable of—

(a)understanding the nature of marriage; and

(b)consenting to the marriage.

(4)If a party to a marriage purported to give consent to the marriage other than by reason only of duress or error, the marriage shall not be void by reason only of that party's having tacitly withheld consent to the marriage at the time when it was solemnised.

(5)In this section “error” means—

(a)error as to the nature of the ceremony; or

(b)a mistaken belief held by a person (“A”) that the other party at the ceremony with whom A purported to enter into a marriage was the person whom A had agreed to marry..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 2 in force at 4.5.2006 by S.S.I. 2006/212, art. 2

3Abolition of marriage by cohabitation with habit and reputeS

(1)The rule of law by which marriage may be constituted by cohabitation with habit and repute shall cease to have effect.

(2)Nothing in subsection (1) shall affect the application of the rule in relation to cohabitation with habit and repute where the cohabitation with habit and repute—

(a)ended before the commencement of this section (“commencement”);

(b)began before, but ended after, commencement; or

(c)began before, and continues after, commencement.

(3)Nothing in subsection (1) shall affect the application of the rule in relation to cohabitation with habit and repute where—

(a)the cohabitation with habit and repute began after commencement; and

(b)the conditions in subsection (4) are met.

(4)Those conditions are—

(a)that the cohabitation with habit and repute was between two persons, one of whom, (“A”), is domiciled in Scotland;

(b)that the person with whom A was cohabiting, (“B”), died domiciled in Scotland;

(c)that, before the cohabitation with habit and repute began, A and B purported to enter into a marriage (“the purported marriage”) outwith the United Kingdom;

(d)that, in consequence of the purported marriage, A and B believed themselves to be married to each other and continued in that belief until B's death;

(e)that the purported marriage was invalid under the law of the place where the purported marriage was entered into; and

(f)that A became aware of the invalidity of the purported marriage only after B's death.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 3 in force at 4.5.2006 by S.S.I. 2006/212, art. 2

4Extension of jurisdiction of sheriffS

In subsection (1) of section 5 of the Sheriff Courts (Scotland) Act 1907 (c. 51) (extension of jurisdiction), the words “(except declarators of marriage or nullity of marriage)” shall be repealed.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 4 in force at 4.5.2006 by S.S.I. 2006/212, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources