Low v Gorman 1970 SLT 357
Citation: Low v Gorman 1970 SLT 357
Link to case on WorldLII (reference).
Rule of thumb: IF it is announced to a small group of friends that 2 people are in a long-term relationship, is this enough to establish a marriage? It can be, yes.
Judgment:
The facts of this case were that the man and woman had only been living together for 10 months, and the question was asked if they had established a marriage by habit and repute. The woman argued that even although they had held themselves out to be married for a short period to a small group of people, they had still nonetheless done so, fulfilling this key requirement. She further argued that the man was listed as the Father on the children’s birth certificates as strong corroborating evidence. The relationship became soured because after there was cheating in the relationship during the period in question. The man argued that 10 months was too short a period, there was inconsistencies and that it was not held out widely and generally. The Court held that a marriage was constituted and that 10 months was a sufficient period of cohabitation to establish a marriage, but in this case the requirements had not been clearly and sufficiently met in order for an informal marriage to have been established. The man was successful in this case, "Although the repute need not be universal, it must be general, substantially unvarying and consistent, and not divided. (see Fraseron Husband and Wife, Vo1. 1, p. 402; Petrie v Petrie, 1911, SC 360, 1911, 1 SLT 43). In the present case, as already mentioned, the repute during the adulterous cohabitation did not satisfy the test and no change in this repute took place after 26th February 1966 (the date on which the impediment was removed) or indeed could take place without some act on the part of the parties. There was no evidence to show that those who knew that the cohabitation was at the outset illicit were apprised of any alteration subsequent to 26th February 1966 (the date on which the impediment was removed). In other words the cohabitation after that date by repute remained illicit - ie. without marriage,’ Lord Robertson
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