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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 07 July 2022

January 2006

January 2006

Quiet Revolutions

(p.145) Commentary No 27: January 2006
Professor Norrie's Commentaries on Family Law

Kenneth McK Norrie

Edinburgh University Press

Reveals the religious influence on Scottish family law by commenting on (and deprecating) one particular aspect of the Family Law (Scotland) Act 2006 and a decision of the Inner House. Section 15 of the 2006 Act allows the court to postpone the granting of a divorce until such time as a recalcitrant party grants the other party a religious divorce, even although the latter has and can have no legal effect whatsoever. And expresses disappointment in the Inner House's overruling of the Lord Ordinary in the case of H v H 2005 SLT 1025. In that case the Inner House accepted that a marriage was void that had been undertaken deliberately and willingly, following all the correct civil procedures, because the parties were people of faith who did not believe that doing so made them “married” in the eyes of their god (and who had undertaken the civil procedures in order to obtain the civil benefits, in this case immigration, flowing from marriage). Preposterous.

Keywords:   Civil Partnership Act 2004, Family Law (Scotland) Act 2006, Religion and void marriages, Jewish divorces

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