The relevant factors for the relationship between Wendy and Simon are the fact their marriage in 2010 was presided over by a trainee minister. The marriage was then registered, without complications. Legislation that is enforced for this period is the Marriage Scotland Act 1977, and any subsequent amendments to the Act.
Simon’s lawyers will most likely focus on section 8 of the Marriage Scotland Act 1977. Section 8 covers the people that are authorised celebrants of a marriage. Simon’s lawyers will argue that the marriage must have an authorised celebrant in order for a marriage to be legally valid. The argument for validity is based on the essentials of registration; one of those essentials is the Marriage Schedule must be signed off by an authorised celebrant.
Section 23A is of particular relevance in Wendy’s situation. The Section states a marriage shall not be questioned as valid in any legal proceedings if the parties are entered into a marriage registrar at the behest of the appropriate registrar. The Section further states the marriage shall not be questioned as valid even if there was a failure to comply with a requirement. As the problem does not state if the appropriate registrar registered Wendy and Simon it is not conclusive to state that the Marriage is legally valid. However, if we assume the appropriate registrar registered them, then the marriage is valid even if the...
... middle of paper ...
...hedule is a formally signed document there is no umbrage over the matter.
My advice to Wendy on the matter is that the most important thing to prove is her marriage to Simon; everything else falls into place after that. Should she want to divorce or leave Simon after this it would be up to her. Matters such as the provisions of the Marriage and Civil Partnership Scotland Act 2014 that will be enacted will become important if she chooses to leave Simon. There is extensive legislation covering the Familial situation and also many authoritative texts, however, case law can be harder to find dependent on the subject; this is due to the fact that family law matters are generally more private and can be settled without a full court proceeding. There is a solid case for Wendy all things considered, however, at the end of the day it is the judge that will decide.
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