Marriage and Civil Partnership (Scotland) Act 2014
| Jurisdiction | Scotland |
(1) The Marriage (Scotland) Act 1977 (“the 1977 Act”) is amended as follows.for subsection (1) 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 ” ,after subsection (1A) insert—“ subsection (1C) (a) as it applies to paragraph 2 of Schedule 1 ” , andthe word “former” in each place where it appears is repealed, andfor “mother” substitute “ parent ” , andthe words “in either column” are repealed.(3) For schedule 1 substitute—“ , (b) , (ba) or (bb) ” , andin subsection (5) , after paragraph (ii) (b) of the proviso insert“ , (ba) , (bb) ” .
- “(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.
- (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.
- Parent
- Child
- Grandparent
- Grandchild
- Sibling
- Aunt or uncle
- Niece or nephew
- Great-grandparent
- Great-grandchild
- 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
- Adoptive parent or former adoptive parent
- Adopted child or former adopted child.
- than—
- (i) one mentioned in paragraphs (a) to (d) above; or
- (ii) the ground that the parties are of the same sex,
- (b) if the person has previously been married and the marriage ended on the death of the other party to that marriage, the death certificate of that other party;
- (ba) if the person has previously been in a civil partnership which ended on the death of the other party to the civil partnership, the death certificate of that other party;
- ; or
- (c) if no such certificate has been issued only by reason of the fact that the parties to the intended marriage are of the same sex.
To continue reading
Request your trial