cohabitation with habit and repute

cohabitation with habit and repute

in Scots family law, the last form of irregular marriage to survive. The court must declare the marriage but can date the marriage from the initial cohabitation. The parties must have lived as husband and wife, both factually and intentionally. They must cohabit in Scotland. They must cohabit long enough for the court to accept they were meaning to live together as husband and wife, a period of eleven months being sufficient in one case. People generally must believe them to be married, even if a few friends and acquaintances know it is not so. Finally, the parties must have capacity to marry. There are proposals at the time of writing to abolish this institution.

Collins Dictionary of Law © W.J. Stewart, 2006