Marriage

3Abolition of marriage by cohabitation with habit and repute

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.