- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
After section 20 of the Marriage (Scotland) Act 1977 (c. 15) there shall be inserted—
(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.”.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: