Family Law –L1

Article 12 of the European Convention on Human Rights provides:

“Men and women of marriageable age have the right to marry and to found a family, according to the national law governing the exercise of this right”

An engagement is no longer a legally enforced contract which means no contractual remedies for breach of promise are not competent in Scottish courts. A promise or agreement to marry does not create rights or obligations in scots law and excludes delictual liability under Law Reform (Husband and Wife) (s) Act 1984

Recent developments

Marriage (S) Act 2002 – get married underwater at Deep Sea World or Edinburgh Zoo

Civil Partnership Act 2004 – so called “gay marriage” – ECHR driven

Gender Recognition Act 2004 – ECHR driven

Family Law (Scotland) Act 2006

  • Prohibited degrees relaxed slightly
  • Void marriages clarified, duress & error only, tacit reservation no bar
  • Irregular marriage abolished henceforth
  • Divorce & dissolution grounds relaxed
  • Unmarried fathers get PRRs if registered
  • s 11 Children (S) Act 1995 amended
  • Cohabitants rights much enhanced
  • Financial provision on divorce, dissolution changes

Adoption & Children (S) Act 2007

  • Reforms to
  • Adoption Support Services
  • Who may adopt
  • Grounds for dispensing with consent
  • Permanence Orders
  • 1978 Act repealed

Forced Marriage etc (P&J) (S) Act 2011 Lexis Nexis

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