INTRODUCTION
Family law governs personal relationships between individuals, whether established biologically or legally. It applies to relationships such as those between parents and children, guardians and wards, unborn children and their parents, as well as between married couples and civil partners. In his work, Kenneth Norrie examines how family law operates in Scotland, its enforcement, and how it interacts or conflicts with other areas of law.
Meaning of Marriage and Divorce
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Marriage – A legally and socially recognized union between two individuals, often marked by a public ceremony. It is acknowledged by law, customs, and religious traditions, and generally involves mutual rights and responsibilities.
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Divorce – The legal termination of a marriage by a court or other authorized body.
Types of Marriage
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Civil Marriage – Legally recognized by the state.
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Religious Marriage – Conducted in accordance with religious customs and traditions.
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Arranged Marriage – Planned by families, common in many cultures.
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Love Marriage – Initiated by mutual affection and choice.
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Common-law Marriage – A union without a formal legal ceremony, but recognized by law in certain jurisdictions.
Types of Divorce
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Contested Divorce – Disputes exist regarding terms such as custody or property division.
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Uncontested Divorce – Both parties agree on all terms.
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No-fault Divorce – No proof of wrongdoing is required to file.
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Fault-based Divorce – Requires evidence of wrongdoing, such as adultery or cruelty.