Would Scots Law recognise a Dutch same-sex marriage?

Research output: Contribution to journalArticle

Abstract

Assesses the likelihood of Scottish law recognising the validity of same sex marriages performed in the Netherlands. Reviews case law concerning the recognition of foreign marriages per se, international private law's treatment of polygamous marriages and possible public policy arguments against same sex marriages. Explains the ways in which Scottish courts may give legal recognition to their consequences, including: (1) by acknowledging that they deny the parties the capacity to marry again for the duration of their subsistence, under the Marriage (Scotland) Act 1977 s.5(4); (2) by accepting the parties' entitlement to statutory protection in areas such as intestate succession or adoption; and (3) by the granting of matrimonial relief including divorce.
LanguageEnglish
Pages147-173
Number of pages26
JournalEdinburgh Law Review
Volume7
Issue number2
DOIs
Publication statusPublished - 31 May 2003

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marriage
Law
private law
case law
divorce
international law
Netherlands
public policy
act

Keywords

  • same-sex marriage
  • gender law
  • transgender law
  • scots law
  • scottish law
  • Netherlands

Cite this

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Would Scots Law recognise a Dutch same-sex marriage? / Norrie, Kenneth McK.

In: Edinburgh Law Review, Vol. 7, No. 2, 31.05.2003, p. 147-173.

Research output: Contribution to journalArticle

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