AS v. CS [2006] ScotCS CSOH_55 (31 March 2006)

AS v. CS [2006] ScotCS CSOH_55 (31 March 2006)

The pursuer failed to demonstrate that after becoming free to marry, there was any change in the nature of the relationship or in the way the parties represented themselves to others, or that there was general and consistent repute of marriage. The evidence did not establish tacit consent to marriage by both parties after the removal of the impediment. Substantial doubt remained as to the defender's matrimonial intent and representation.

Citation
[2006] ScotCS CSOH_55
Parties
Pursuer: A S (AP); Defender: C S
Jurisdiction
Scotland
Judgment Date
31 March 2006
Procedural Posture
Declarator of Marriage by Habit and Repute / Proof Before the Outer House, Court of Session
Outcome
Action refused; defender's plea-in-law sustained.
Legal Topics
Marriage by Habit and Repute, Cohabitation, Tacit Consent, Evidentiary Requirements for Marriage
Family Law Marriage by Habit and Repute Cohabitation Tacit Consent Evidentiary Requirements for Marriage

Case Brief

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Parties

A S (AP)

Pursuer

C S

Defender

Procedural Posture

Declarator of Marriage by Habit and Repute / Proof Before the Outer House, Court of Session

Legal Issues

  1. 1 Whether the pursuer and defender were married by cohabitation with habit and repute after the pursuer became free to marry
  2. 2 Whether there was sufficient evidence of general and consistent repute of marriage after removal of impediment

Ratio Decidendi

The pursuer failed to demonstrate that after becoming free to marry, there was any change in the nature of the relationship or in the way the parties represented themselves to others, or that there was general and consistent repute of marriage. The evidence did not establish tacit consent to marriage by both parties after the removal of the impediment. Substantial doubt remained as to the defender's matrimonial intent and representation.

Court Disposition

Action refused; defender's plea-in-law sustained.

Orders

  • Refusal to pronounce decree of declarator of marriage by habit and repute.