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The tradition of couples from England and Wales eloping to Scotland to marry at border towns such as Gretna Green was due to England, at the time, having much higher minimum ages for marriage without parental consent than were required in Scotland, and Scotland recognising irregular marriages by assertion before a witness until 1939 (see below ...
Richard Rennison (29 October 1889 – 5 August 1969) was the last "anvil priest" at Gretna Green, Scotland.Between 1926 and 1940, he performed "irregular marriages" of couples over the anvil at the Old Blacksmith Shop, where the couple proclaimed that they were single and wanted to get married in front of witnesses.
There are two types of recognised marriage in Scotland, informal and formal. Both are equally valid under Scots law but, as of 4 May 2006, only formal marriages can now be contracted in Scotland. Before the Marriage (Scotland) Act 1939, Scots law, following the principles of canon law, recognised three types
An 1844 depiction of a "Gretna wedding", complete with a blacksmith and some of his implements. 1930s photo of the village blacksmiths, "famous for its runaway marriages" Scottish law allowed for "irregular marriages", meaning that if a declaration was made before two witnesses, almost anybody had the authority to conduct the marriage ceremony.
In Scotland, common-law marriage does not exist, although there was a type of irregular marriage called 'marriage by cohabitation with habit and repute' which could apply to couples in special circumstances until 2006, and was abolished by the Family Law (Scotland) Act 2006 (irregular marriages established before 4 May 2006 are recognised).
1 January – the Marriage (Scotland) Act 1939 outlawed "irregular" marriages ("marriage by declaration" or "handfasting") from this date, ending the practice of "anvil marriage" at Gretna Green. [1] 17 January – World War II: German submarine U-25 sank SS Polzella and the neutral Norwegian ship Enid 10 miles north of Shetland.
The Act has been substantially amended in many areas with succeeding legislation, such as the Local Government (Scotland) Act 1973, the Marriage (Scotland) Act 1977, the Adoption (Scotland) Act 1978, the British Nationality Act 1981 and the Scotland Act 1998.
The Clandestine Marriages Act 1753 (26 Geo. 2. c. 33), also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act, was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754.