Scotch Marriage Law and Legal Definition

Scotch marriages are those marriages which do not necessarily require a formal ceremony. This is a marriage by consensual contract. Until 1940, Scots law retained the medieval canon-law forms of marriage per verba de praesenti and per verba de futuro subsequente copula. These promises constituted irregular but valid marriages. Scots law continues to retain the irregular marriage by cohabitation with habit and repute. Ceremonies need not be proved in a scotch marriage. However, the surviving spouse or any child can obtain a court's confirmation regarding the existence of marriage, after the death of one spouse, based on the general belief of neighbors, friends, and family.