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“(5)Where the parties to an intended marriage are related in a degree specified in paragraph 2 of Schedule 1 to this Act, either party may (whether or not an objection to the marriage has been submitted in accordance with section 5(1) of this Act) apply to the Court of Session for a declarator that the conditions specified in paragraphs (a) and (b) of subsection (1A) above are fulfilled in relation to the intended marriage.”. in the case of a marriage between a man and the mother of a former wife of his, after the death of both the former wife and the father of the former wife; in the case of a marriage between a man and the former wife of his son, after the death of both his son and the mother of his son; in the case of a marriage between a woman and the father of a former husband of hers, after the death of both the former husband and the mother of the former husband; in the case of a marriage between a woman and a former husband of her daughter, after the death of both her daughter and the father of her daughter. Short title, citation, commencement and extent. at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) below,”; after subsection (3) there shall be inserted the following subsection—, an objection of which the Registrar General has received notification under subsection (2)(b)(i) above is on the ground that—, the parties are related in a degree specified in paragraph 2 of Schedule 1 to this Act; and, the conditions specified in paragraphs (a) and (b) of section 2(1A) of this Act are not satisfied; and. . Marriage between certain persons related by affinity—Scotland. (a)in the case of a marriage between a man and the mother of a former wife of his, after the death of both the former wife and the father of the former wife; (b)in the case of a marriage between a man and the former wife of his son, after the death of both his son and the mother of his son; (c)in the case of a marriage between a woman and the father of a former husband of hers, after the death of both the former husband and the mother of the former husband; (d)in the case of a marriage between a woman and a former husband of her daughter, after the death of both her daughter and the father of her daughter.”, 3In section 5 (marriages according to rites of Church of England) there shall be added at the end the words " except that paragraph (a) of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act. For more information see the EUR-Lex public statement on re-use. 2007/438), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 1SThe Marriage (Scotland) Act 1977 shall be amended as follows. Marriage Act 1949 shall have effect subject to the amendments specified in the Schedule to this Act, being amendments consequential on the preceding provisions of this section. . Where the superintendent registrar receives from some person other than the persons to be married a written statement signed by that person which alleges that the declaration made under subsection (2) of this section is false in a material particular, the superintendent registrar shall not issue a certificate or licence unless a declaration is obtained from the High Court under subsection (5) of this section. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. (2)The superintendent registrar shall not enter notice of the marriage in the marriage notice book unless—, (a)he is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and. . An Act to make further provision with regard to the marriage of persons related by affinity. Amendments of Marriage (Scotland) Act 1977. Marriage according to rites of Church of England or the Church in Wales. ““child of the family”, in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family”. 11 para. (2)A marriage solemnized after the commencement of this Act between a man and a woman who is the grandmother of a former spouse of his (whether the former spouse is living or not) or is a former spouse of his grandson (whether his grandson is living or not) shall not be void by reason only of that relationship. (b)he has received a declaration in writing made by each of those persons specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other. (5)Either of the persons to be married may, whether or not any statement has been received by the superintendent registrar under subsection (4) of this section, apply to the High Court for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where such a declaration is obtained the superintendent registrar may enter notice of the marriage in the marriage notice book and may issue a certificate, or certificate and licence, whether or not any declaration has been made under subsection (2) of this section.

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