Marriage (scotland) Act 1977

JurisdictionUK Non-devolved
Citation1977 c. 15
Year1977
(1) No person domiciled in Scotland may marry before he attains the age of 16.(2) A marriage solemnised in Scotland between persons either of whom is under the age of 16 shall be void.in Scotland; orat 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.both parties have attained the age of 21 at the time of the marriage; andthe 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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; andin the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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; orany rule of law that a marriage may not be contracted between persons either of whom is married to a third person.(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.(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.(6) F30Subsection (1A) above and F31paragraph 2 of Schedule 1 to this Act have effect subject to the following modifications in the case of a party to a marriage whose gender has become the acquired gender under the Gender Recognition Act 2004 (“the relevant person”) .(7) Any reference in F98subsection (1C) (a) as it applies to paragraph 2 of Schedule 1 to a ... wife or ... husband of the relevant person includes (respectively) any ... husband or ... wife of the relevant person.(7A) This section and Schedule 1 to this Act have effect as if any reference in paragraphs 1 and 2 of that Schedule to a F100parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22) .(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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