Marriage In Scotland Research Articles

Policy and Professional Responses to Forced Marriage in Scotland

AbstractThis article draws from our mixed methods study of forced marriage (FM) in Scotland focusing on policy and practice responses to FM in Scotland using the concepts of candidacy and structural competency. Through an analysis of FM policy in six case-study areas, interviews with Child or Adult Protection Leads and twenty-one interviews with a range of welfare professionals, we discuss the conceptual, emotional and practical challenges of responding to FM. Despite a standard Scottish Government policy and statutory framework, the varied policy and professional responses to FM across local authorities demonstrate a need for practitioners to be fully cognisant of the ways in which structural inequalities play out in individual lives. The four key themes explored in this article are as follows: (i) patchy ownership of FM policy at a local level; (ii) ‘race anxiety’; (iii) event versus process-based understandings of FM and (iv) the challenges of protecting adults experiencing FM who have capacity. These themes are highly relevant to social work practice and offer a significant and original analysis of the ways in which structural, social and cultural factors shape practitioner understanding, response and support of victims of FM.

The Fertility of Marriage in Scotland: A Census Study

The Fertility of Marriage in Scotland: A Census Study

Taking Pride in change: Attitudes to gay marriage in Scotland’s remote islands are changing slowly, but the strict Presbyterian churches came out to demonstrate against the first Pride march in the Hebrides

Taking Pride in change: Attitudes to gay marriage in Scotland’s remote islands are changing slowly, but the strict Presbyterian churches came out to demonstrate against the first Pride march in the Hebrides

City of Edinburgh Council v S. Forced Marriage in Scotland: The Legal Response

Scots choice of law rules regarding annulment of marriage rest partly on common law and partly on the Family Law (Scotland) Act 2006. Common law principle, echoed in the 2006 Act, provides that a forum must analyse the alleged marriage defect, and classify it as pertaining to essentials or form.

IRREGULAR MARRIAGE AND COHABITATION IN SCOTLAND, 1855–1939: OFFICIAL POLICY AND POPULAR PRACTICE

AbstractScotland was unique in Western Europe in continuing to accord legal validity to irregular marriage until 1939 with one form of irregular marriage remaining legal until 2006. This article examines official attitudes to irregular marriage in Scotland in the period 1855–1939 as well as its incidence and popularity amongst the populace. The article argues that irregular marriage was narrowly defined by the authorities as meaning those irregular marriages that had been registered. Other forms of irregular marriage were often deemed to be cohabitation or concubinage which was regarded as morally reprehensible. However, authorities, including Poor Law officers, could also be flexible and sympathetic in their treatment of couples who lived together where the law was perceived to be rigid. Although it is impossible to quantify the numbers of couples who lived in non-registered informal unions, the evidence suggests that there were significant numbers but that in the majority of cases couples cohabited because they were unable to marry for legal, religious, or financial reasons.

Making the Gretna Blacksmith Redundant: Who Worried, Who Spoke, Who was Heard on the Abolition of Irregular Marriage in Scotland?

Scotland took its time in abolishing irregular marriage. While the Roman Catholic Church stopped recognising irregular forms in 1563, and England followed suit two hundred years later with Lord Hardwicke's Act of 1753, Scotland retained the medieval canon law of irregular marriage until 1940. This article exposes the various interests lobbying for reform of the law of formation of marriage in Scotland during the 1920s and 1930s and the assertions and arguments they employed and reveals the main factors which resulted in the success of this lobbying at this particular point in time: the influence and attitude of the Church of Scotland, and, echoing the scandal of Fleet marriages in England before the 1753 Act, the availability of circumstances at Gretna Green which could be portrayed as a scandal.

A Modern Marriage?

A. INTRODUCTION The last two centuries have produced radical change in the legal regulation of marriage in Scotland, and, much more recently, developments in relation to civil partnership and legal rights and obligations for unmarried cohabitants have once again focused attention on the relationship of husband and wife. The process of statutory reform, begun in the nineteenth century, has been carried on and extended by the Scottish Law Commission and now the Scottish Executive to the extent that the law relating to marriage is almost entirely contained within legislation. Much of this change, and the need for continuing reform, have been presented in terms of a process of modernisation: of making the law fi t with the needs of contemporary families. In tracing the pattern of statutory reform we can discern a shift from the “traditional” marriage of Scots law to a “modern” marriage relationship. Contemporary family legislation principally regulates the process of formation and then retreats until the point when marriage comes to an end, through death or divorce. Statutory reform has removed prescriptive rules as to the legal roles of husband and wife with the effect that they are left free to negotiate their own relationship. Even where the relationship becomes untenable

White Annays and Others

In 1364 a cause of divorce a vinculo was brought in a York court by a certain Edmund Dronesfeld against his reputed wife Margaret de Donbarr, on the grounds of her previous marriage in Scotland. The story unfolded by the witnesses, whose depositions are the only remaining record of the cause, is a strange one, which reflects the unsettled conditions of life on the border and in northern England during the long-drawn-out Scottish wars, and the further confusion introduced by the Black Death. The questions put by Edmund’s side were intended to prove that Margaret’s name was originally Agnes, that she had married in Scodand, eighteen years before, a man named William de Brighan, who was still alive, and that Edmund himself had not known this when he had ‘married’ her at Bedale six years later.

A Further Note on the Fertility of Marriage in Scotland. Errors of Statement as to the Duration of Marriage

A Further Note on the Fertility of Marriage in Scotland. Errors of Statement as to the Duration of Marriage

The Fertility of Marriage in Scotland: A Census Study

The Fertility of Marriage in Scotland: A Census Study

Marriage in Scotland

Marriage in Scotland Get access R. C. R. C. 1Cork Search for other works by this author on: Oxford Academic Google Scholar Notes and Queries, Volume s2-III, Issue 62, 7 March 1857, Page 185, https://doi.org/10.1093/nq/s2-III.62.185b Published: 07 March 1857