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.