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(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.
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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
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