What I learnt today

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  • Deleted user 5 May 2008 17:27:43
    That (in Scotland at least) a couple can get married by simply living together and having the community as a whole accept them to be married. No ceremony, no legal bollocks or anything like that.

    I though it was interesting!
  • Deleted user 5 May 2008 17:32:05
    Halo_3-Liverpool_0 wrote:
    They need to sign the marriage register though, right?
    Nope
  • Deleted user 5 May 2008 17:35:38
    Basically if they have been cohabiting together and living "as husband and wife" then they are married by 'cohabitation with habit and repute". And so it only really becomes an issue upon death (succession) or something.
  • urban 5 May 2008 17:36:49 10,942 posts
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    doubt that'd work legally tbh.

  • Deleted user 5 May 2008 17:37:02
    Isn't this pretty much the definition of 'common law'?
  • Deleted user 5 May 2008 17:37:38
    It is a bit of a legal anomaly in that the law regards them as married (when it comes to there attention anyway) but because it rests on habit and repute they can for all intents just deny it before it is recognised as valid.
  • Deleted user 5 May 2008 17:38:27
    Charm wrote:
    Does that work for dudes?

    Like, could a community gang up on a pair of unsuspecting blokes and make them married by "accepting" them?
    lol

    /goes of to research
  • Deleted user 5 May 2008 17:40:56
    disussedgenius wrote:
    Isn't this pretty much the definition of 'common law'?
    It is one of those ancient common laws that has lasted until very recently. (It was abolished in 2006, but if a couple were cohabiting as husband and wife before 2006 then it is still valid).
  • Deleted user 5 May 2008 17:42:56
    Halo_3-Liverpool_0 wrote:
    Does that mean if they then go on to marry someone else they can be done for bigamy?
    Well you can no longer be done for bigamy (I only know about the Scottish situation but I am pretty sure it's the same in England), but it would count as 'adultery' and thus a ground for divorce. And of course with divorce comes financial provisions.
  • Fozzie_bear 5 May 2008 17:44:06 15,500 posts
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    Halo_3-Liverpool_0 wrote:
    Does that mean if they then go on to marry someone else they can be done for bigamy?

    If it only becomes an issue on death then it's only going to be an issue for the undead as far as i can see.

    /starts 'zombie rights' march through streets of Edinburgh

    Support the Mowgli Dirty Protest!

  • Deleted user 5 May 2008 17:45:09
    Wonga wrote:
    Not sure that kind of thing is a good idea really, it would mean that if you live with someone you have to worry about legal liability should they go around claiming you are married.
    I know what you mean. But part of the 'habit and repute' rule is that both parties (and the community as whole) believe they are married. It also does not matter if a few relatives (for example) know that you are not in fact married as long as it is generally believed and that is how the two of you have lived.
  • Deleted user 5 May 2008 17:46:44
    Halo_3-Liverpool_0 wrote:
    Does that mean if they then go on to marry someone else they can be done for bigamy?
    From my in-depth research into this (via having listened to the last episode of In Our Time last Friday) I can firmly point out that common law is superseded by statue law.

    I guess that's why those artist folk are such slags.
  • Deleted user 5 May 2008 17:49:23
    No, they just weren't the master of the punchline like I am.
  • Deleted user 5 May 2008 17:52:11
    Ah, maybe that was a bit high-brow for this forum...
  • Deleted user 5 May 2008 17:53:56
    disussedgenius wrote:
    Halo_3-Liverpool_0 wrote:
    Does that mean if they then go on to marry someone else they can be done for bigamy?
    From my in-depth research into this (via having listened to the last episode of In Our Time last Friday) I can firmly point out that common law is superseded by statue law.

    I guess that's why those artist folk are such slags.
    It is indeed superseded by statute law but only if specific. Most of the law we live by today is still common law. It is generally only the 21st century regulatory shit that is encompassed in statute books, to an extent. Crimes like murder, theft and the like are all completely common law based. Which is party why lawyers can be so successful in manipulating it.
  • silentbob 5 May 2008 17:58:14 28,956 posts
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    I smell wikis.

    VR News: www.roadtovr.com -- Follow us on Twitter.

  • Fatfish 5 May 2008 18:02:38 3,377 posts
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    Funnily enough, I learnt something about Scotland today too. Since a man won a court case back in 1992, it is illegal for private companies to wheel clamp your car without your permission. Only local authorities have that power. Just in case anyone ever gets clamped while up north.

    That is all.

    /leaves
  • Deleted user 5 May 2008 18:09:05
    Fatfish wrote:
    Funnily enough, I learnt something about Scotland today too. Since a man won a court case back in 1992, it is illegal for private companies to wheel clamp your car without your permission. Only local authorities have that power. Just in case anyone ever gets clamped while up north.

    That is all.

    /leaves
    Yup, Carmichael v Black. In fact when a private company does this they are guilty of theft as it is theft to prevent someone from the enjoyment of their property.
  • Deleted user 5 May 2008 18:12:46
    All I know about Scottish marriage is that you can get married pretty much ANYwhere you like so long as you have an approved registrar. I'm not entirely convinced this thing mowgli's dug up is, in real practice, anything more than those interesting but outdated old laws like never shoot an Irishman in the back in Newcastle unless he's wearing a hat and you're using a bow and arrow, etc.
  • Deleted user 5 May 2008 18:18:51
    MrED209 wrote:
    All I know about Scottish marriage is that you can get married pretty much ANYwhere you like so long as you have an approved registrar. I'm not entirely convinced this thing mowgli's dug up is, in real practice, anything more than those interesting but outdated old laws like never shoot an Irishman in the back in Newcastle unless he's wearing a hat and you're using a bow and arrow, etc.
    Well yes and no. It is very old and rarely used but it most certainly is. The sort of situation where it is used is e.g. a couple get married abroad, but unknown to them it was invalid (or someone was under-age or whatever), when they come back to Scotland they honestly believe themselves to be married and thus for the sake of fairness the law considers them to be married, even if it turns out that their purported marriage was in fact void. Can also be where a couple who simply do not know or understand the regulations behind marriage believe they are married. Several years later if say one of them died, or committed adultery, then the other party could apply to the court that they were married, because they both honestly believed that to be the case.
  • Deleted user 6 May 2008 17:26:37
    What I learnt today.

    Well you know how a boy cannot marry his mother and a daughter cannot marry his father. A million reasons for it and all perfectly logical and reasonable. Well If someone were to conceive a child through artificial insemination (AID) the woman who carried and gave birth could not marry the kid, as she is its legal mother, and her husband is the legal father (although nothing 'technically' to do with him). Thus they cannot marry the kid, although not biologically related. But the donor can! The man or woman who donates the egg or whatever is perfectly able to marry the kid (man or woman) as legally they are not related, although of course biologically they are!

  • FWB 6 May 2008 17:33:35 44,313 posts
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    What about hanging around in supermarkets and convincing poor saps to sell products before their launch date? Surely the individuals involved are legally married in the eyes of the law?
  • Retroid Moderator 6 May 2008 17:37:41 44,512 posts
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    Fozzie_bear wrote:
    /starts 'zombie rights' march through streets of Edinburgh
    WHAT DO WE WANT?

    "BRAINS!"

    WHEN DO WE WANT THEM?

    "BRAINS!!"
  • asha 6 May 2008 19:38:40 1,991 posts
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    Suicide isnt funny. Who knew?

    ( ͡ ͜ʖ ͡)

  • Deleted user 16 October 2008 13:22:40
    In Scotland (not sure about England) you can legally call yourself WHATEVER you want. There is absolutely no register of names and one does not have to apply to the court or anything. When signing a contract or registering to get married you can call yourself whatever you want. The only barrier is you can't register to run for elections with a confusing name But that's all.


    Ghenghis McKhan
  • LeoliansBro 16 Oct 2008 13:23:47 43,822 posts
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    And in England.

    LB, you really are a massive geek.

  • thefilthandthefury 16 Oct 2008 13:25:04 24,988 posts
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    Really? :o

    peej
  • Deleted user 16 October 2008 13:25:27
    Oh cool. Well I thought it was interesting anyway :(
  • Load_2.0 16 Oct 2008 13:25:35 19,154 posts
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    Johnny Massive-Wang for me.
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