PART 1MARRIAGE

CHAPTER 1SAME SEX MARRIAGE

1Marriage of related persons

(1)

The Marriage (Scotland) Act 1977 (“the 1977 Act”) is amended as follows.

(2)

In section 2 (marriage of related persons)—

(a)

for subsection (1) substitute—

“(1)

Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised—

(a)

in Scotland; or

(b)

at a time when either party is domiciled in Scotland.

(1ZA)

For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1.”,

(b)

in subsection (1A), for the words from the beginning to “paragraph,” substitute “ A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree ”,

(c)

after subsection (1A) insert—

“(1C)

For the purposes of paragraph 2 of Schedule 1, “spouse” means—

(a)

in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and

(b)

in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.”,

(d)

in subsection (7)—

(i)

for “those provisions” substitute “ subsection (1C)(a) as it applies to paragraph 2 of Schedule 1 ”, and

(ii)

the word “former” in each place where it appears is repealed, and

(e)

in subsection (7A)—

(i)

for “mother” substitute “ parent ”, and

(ii)

the words “in either column” are repealed.

(3)

For schedule 1 substitute—

“SCHEDULE 1DEGREES OF RELATIONSHIP

(introduced by section 2)

1

Relationships by consanguinity

  • Parent

  • Child

  • Grandparent

  • Grandchild

  • Sibling

  • Aunt or uncle

  • Niece or nephew

  • Great-grandparent

  • Great-grandchild

2

Relationships by affinity referred to in section 2(1A)

  • Child of former spouse

  • Child of former civil partner

  • Former spouse of parent

  • Former civil partner of parent

  • Former spouse of grandparent

  • Former civil partner of grandparent

  • Grandchild of former spouse

  • Grandchild of former civil partner

3

Relationships by adoption

  • Adoptive parent or former adoptive parent

  • Adopted child or former adopted child.”.