re action for declaration on marriage in scotland

shelovestobuystuff

I think I could get married without a ceremony.I am not sure this law is still valid though so any advice from people with knowledge of the law would be appreciated.I have been searching for wedding info and found references to "action for declaration of marriage"via the court of session in scotland.Apparantly a judge can decree a couple married if they can prove "cohabitation with habit and repute".I think that means that as we have lived together for many years and have a family we could just be announced as married.Theres a cut of date of 4 may 2006 but I think that means we have to have been living together before then.
Anyone know about this at all?

starbump

Cohabitation means living together. Habit means as if you were married. Repute means everyone believes/treats you as married.

When I graduated LLB in 1999, this was still a legal form of marriage in Scotland. A case might be brought to prove a marriage did/had existed. If a marriage did exist, judge would use a significant date as being the date of the marriage e.g. a ring was given on a certain date or they moved house and started calling her Mrs. The repute is important. If outsiders call her Mrs but the couple still have wedding plans then they are not married - everyone, including the couple, must treat them as married.

Law didn't appeal to me (no one comes to see you when they're happy) so this is out of date. Hope it helps a wee bit anyway.

shelovestobuystuff

I had an e-mail reply from a local family lawyer who basically said the above is still valid but very complicated so it would be easier to just get married by the usual means.
We dont wear rings,we dont give each other husband and wife cards(we dont give cards at all)and we dont call each other Mr or Mrs so we couldnt prove we have lived as husband and wife,even though we have lived together for 17 years as a family with our 2 kids.
There are people who this route may be an option for though if they just want the bit of paper.