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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 ...
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
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.
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.
Bigamy was a common law offence [12] in Scotland prior to the passing of the Marriage and Civil Partnership (Scotland) Act 2014 when it became a statutory offence. [13] It is an offence for a person to enter into a marriage or civil partnership while either party knows that they, or the other party, is married to or in a civil partnership with ...