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Marriage (Scotland) Act 1977

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Forbidden degreesS

2 Marriage of related persons.S

(1)[F1Subject to subsections (1A) and (1B) below,]a marriage between a man and any woman related to him in a degree specified in column 1 of Schedule 1 to this Act, or between a woman and any man related to her in a degree specified in column 2 of that Schedule shall be void if solemnised—

(a)in Scotland; or

(b)at a time when either party is domiciled in Scotland.

[F2(1A)Subsection (1) above does not apply to a marriage between a man and any woman related to him in a degree specified in column 1 of paragraph 2 of Schedule 1 to this Act, or between a woman and any man related to her in a degree specified in column 2 of that paragraph, if—

(a)both parties have attained the age of 21 at the time of the marriage; and

(b)the younger party has not at any time before attaining the age of 18 lived in the same household as the other party and been treated by the other party as a child of his family.

(1B)Subsection (1) above does not apply to a marriage between a man and any woman related to him in a degree specified in column 1 of paragraph 2A of Schedule 1 to this Act, or between a woman and any man related to her in a degree specified in column 2 of that paragraph, if both parties to the marriage have attained the age of 21 and the marriage is solemnized—

(a)in the case of a man marrying the mother of a former wife of his, after the death of both the former wife and the former wife’s father;

(b)in the case of a man marrying a former wife of his son, after the death of both his son and his son’s mother;

(c)in the case of a woman marrying the father of a former husband of hers, after the death of both the former husband and the former husband’s mother;

(d)in the case of a woman marrying a former husband of her daughter, after the death of both her daughter and her daughter’s father.]

(2)For the purposes of this section a degree of relationship exists—

(a)in the case of a degree specified in paragraph 1 of Schedule 1 to this Act, whether it is of the full blood or the half blood; . . . F3

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3)Where a person is related to another person in a degree not specified in Schedule 1 to this Act that degree of relationship shall not, in Scots law, bar a valid marriage between them; but this subsection is without prejudice to—

(a)the effect which a degree of relationship not so specified may have under the provisions of a system of law other than Scots law in a case where such provisions apply as the law of the place of celebration of a marriage or as the law of a person’s domicile; or

(b)any rule of law that a marriage may not be contracted between persons either of whom is married to a third person.

[F4(4)References in this section and in Schedule 1 to this Act to relationships and degrees of relationship shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986.]

[F5(5)Where the parties to an intended marriage are related in a degree specified in paragraph 2 of Schedule 1 to this Act, either party may (whether or not an objection to the marriage has been submitted in accordance with section 5(1) of this Act) apply to the Court of Session for a declarator that the conditions specified in paragraphs (a) and (b) of subsection (1A) above are fulfilled in relation to the intended marriage.]

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