Comment: Scotland & common-law marriages

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Scotland & common-law marriages

From what I understand, for hundreds of years "marriage" has been very loosely defined like that in Scotland, with so-called "common law marriage" and nobody frowning or being judgmental about it.

http://en.wikipedia.org/wiki/Marriage_in_Scotland

Under Scots law, there have been several forms of "irregular marriage", among them:

Irregular marriage by declaration de presenti — declaring in the presence of two witnesses that one takes someone as one's wife or husband.
Irregular marriage conditional on consummation.
Marriage contracted by correspondence.
Irregular marriage by cohabitation with habit and repute.

A marriage by "cohabitation with repute" as it was known in Scots Law could still be formed; popularly described as "by habit and repute", with repute being the crucial element to be proved.

Babies still got their birth certificates, "families" got on with their lives without botheration to specific group of people.

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