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Acting in the public interest | Appeals | Behavior in Court | Capital Punishment | Careers in Law | Changing your name | Changing your Solicitor | Children and Seatbelts | Children and the Law | Churning - the problems | Compensating Victims of Crime | Computers | Corroboration | Death on the roads | Drink Driving | Driving and Penalty Points | Drugs and the Law | Duty Solicitor and Legal Aid | Evidence, changing solicitor and duty solicitor | Fiscal Fines and Direct Measures | Foreign visitors and Scottish Law | Giving Evidence Pt1 | Giving Evidence Pt2 | Giving Evidence Pt3 | GM Crops | Have you been charged with an offence | Helping your solicitor | How not to police | Human rights in police interviews | Identity Theft and Vehicle Cloning | Innocent in law and fact | Justify defending the guilty | Legal Aid Review | Marriage and the Law | Mini motor bikes and quads, Lights and Crushing vehicles | Mobile Phones and Witnesses | Motoring Myths | New procedures to help victims and witnesses | Our unique system | Poaching and Road Kill | Police use of the Taser Gun | Policing the Police | Political correctness | Politicians | Procurator Fiscal - Powers | Scottish and English Law | Speed Guns | The Law on cannabis | The Law on receiving goods and services without paying | Tinted Windows and Legal Deserts | Traffic law and offences | Undertakings and Police Bail | Vulnerable Witnesses (Scotland) Act 2004 | We all have rights | Whats in a name | Your rights | Your rights when dealing with the police |

Marriage and the Law

The thorny question of same sex "marriage" is once again on the political agenda and leads me to consider the problems people encounter when they are not married.

In short our legal system recognises, and gives effect to, marriage, whether religious or by civil ceremony, between one man and one woman. It does not recognise other relationships except to a very limited degree. In particular scant attention is paid to the "rights" of people living together. Where little attention is paid to those households where a man and woman live together as if married, at present no attention is paid to same sex couples. Such households are simply not acknowledged to even exist.

In Scotland the number of households where a legitimately married couple live together is decreasing and more and more couples find themselves lacking in the protection and rights they may think they should enjoy. For example, where someone is married, his or her spouse is next of kin and entitled to be contacted by hospitals or to have prison visits. If you are living with someone, even in a long term stable relationship, you are not next of kin and may not be treated as such. No ring, no next of kin.

This problem is greatly worsened when the partner dies. As you are not married, you have no rights at all unless specifically granted them in a valid will. Given that some 80% of Scots die without a will, there are an awful lot of people about to get a terrible shock. Without a will, the surviving partner can find themselves homeless and penniless and even precluded from making funeral arrangements. You are not next of kin and the person who is may legitimately choose to ignore you and your wishes entirely.

It is not for me as a criminal practitioner to comment upon our marriage laws but simply to draw to people’s attention the risks they undertake, almost certainly unknowingly, in choosing to opt out of them. However, having listened over the years of my career to the anguish and pain of the excluded, the least I can ask anyone in such a relationship to do is make a will. Now.

Having just visited Venice, I was intrigued to find all transport there is by water and watched with interest as the ambulance and hearse sailed past. My wife and I were being taken by water taxi back to the airport when, suddenly, the power was cut and the boat slowed dramatically. Ahead the police were operating a radar trap. Some things are international.

Finally you may have noted that I had my Beagle with me at the "Dingwall siege". In the best traditions of Northern Constabulary, I was assured that, in the event of anything untoward happening, the boys would make sure they rescued the Beagle! It is heart warming to be so loved.


Acting in the public interest | Appeals | Behavior in Court | Capital Punishment | Careers in Law | Changing your name | Changing your Solicitor | Children and Seatbelts | Children and the Law | Churning - the problems | Compensating Victims of Crime | Computers | Corroboration | Death on the roads | Drink Driving | Driving and Penalty Points | Drugs and the Law | Duty Solicitor and Legal Aid | Evidence, changing solicitor and duty solicitor | Fiscal Fines and Direct Measures | Foreign visitors and Scottish Law | Giving Evidence Pt1 | Giving Evidence Pt2 | Giving Evidence Pt3 | GM Crops | Have you been charged with an offence | Helping your solicitor | How not to police | Human rights in police interviews | Identity Theft and Vehicle Cloning | Innocent in law and fact | Justify defending the guilty | Legal Aid Review | Marriage and the Law | Mini motor bikes and quads, Lights and Crushing vehicles | Mobile Phones and Witnesses | Motoring Myths | New procedures to help victims and witnesses | Our unique system | Poaching and Road Kill | Police use of the Taser Gun | Policing the Police | Political correctness | Politicians | Procurator Fiscal - Powers | Scottish and English Law | Speed Guns | The Law on cannabis | The Law on receiving goods and services without paying | Tinted Windows and Legal Deserts | Traffic law and offences | Undertakings and Police Bail | Vulnerable Witnesses (Scotland) Act 2004 | We all have rights | Whats in a name | Your rights | Your rights when dealing with the police |

Telephone Munlochy by Dingwall 01463 811800