Legal Definitions - Scotch marriage

A Scotch marriage refers to a historical form of marriage recognized under Scots law, also known as "marriage by cohabitation with habit and repute." This type of marriage did not require a formal ceremony, a religious blessing, or official registration. Instead, a couple was considered legally married if they lived together as husband and wife and were publicly known and accepted by their community as a married couple.

This form of marriage was abolished for new marriages in Scotland after 1939. However, marriages established this way before that date remained valid and were recognized by law.

• Example 1: In a small Scottish fishing village in 1925, Mary and John lived together in a cottage, raised three children, and were always introduced by their neighbors and local shopkeepers as "Mr. and Mrs. Campbell." They never had a church wedding or civil ceremony, but everyone in the community considered them a married couple.

  Explanation: This scenario illustrates a Scotch marriage because, despite the absence of a formal ceremony, Mary and John cohabited and were publicly regarded and accepted by their community as husband and wife before 1939, fulfilling the criteria for a valid marriage under Scots law at that time.

• Example 2: A couple residing in Edinburgh in the 1930s, Eleanor and Robert, shared a flat, maintained joint bank accounts, and consistently attended social gatherings and family events as a married pair. Their friends, landlord, and colleagues all referred to them as spouses, and they often signed documents using the same surname.

  Explanation: This demonstrates a Scotch marriage because Eleanor and Robert presented themselves to the world as a married couple, lived together, and were widely accepted as such by their social circle and wider community. This public recognition and cohabitation would have legally established their marriage under the "habit and repute" principle before the law changed.

• Example 3: After a man passed away in 1955, a woman claimed to be his widow and sought to inherit from his estate. While no marriage certificate could be found, she provided evidence that they had lived together as husband and wife for 25 years prior to 1939, were consistently recognized as married by their neighbors and family, and she had used his surname throughout that period.

  Explanation: In this case, the court would likely recognize their union as a valid Scotch marriage. Even though the "Scotch marriage" law for new unions had been abolished, the evidence of their long-term cohabitation and public repute as a married couple *before* 1939 would validate their marital status, allowing the woman to claim her inheritance rights as his legal widow.