|
Either
scroll down the page to read the complete article or click on
any of the hyperlinks below to go direct to the section you are
interested in.
This article should be read in conjunction with our articles on minimum
age and parental consent and prohibited
marriages. If you have been married before, you may also find
our article on second
marriages useful.
Any two persons can marry in Scotland regardless of their nationality
and country of residence subject to meeting the minimum following requirements:
 |
Both of you must be at least 16
years of age (parental consent is not required). |
 |
You must not be related to one
another in a way which would revent you from marrying (read
our article prohibited marriages for
further details). |
 |
You must both be unmarried. If
either of you have been previously married you must produce
original documentary evidence that your previous marriage
ended by death, divorce or annulment. |
 |
You must not be of the same sex
at birth. |
 |
You must both be capable of understanding
the nature of a marriage ceremony and of consenting to marrying. |
 |
If you live outside the UK, your
marriage in Scotland must be regarded as valid in the country
in which you are domiciled. Most countries do recognise marriages
in Scotland, even when the bride or groom are 16 years old,
but you will need to check with your own marriage authority. |
You can be married in Scotland by either religious ceremony, Humanist ceremony or by
civil ceremony. A religious marriage, whether Christian or non-Christian,
can only be solemnised by a minister, clergyman, pastor, priest or
other person entitled to do so under the Marriage (Scotland) Act,
1977.

Religious ceremonies may be conducted at any time and in any place
in Scotland so long as you can get an authorised religious celebrant
to attend and officiate. Whether you want to get married in the romantic
setting of a remote Scottish castle or on top of Ben Nevis, the choice
is yours so long as you can find a minister and two witnesses to go
along with you both. In Scottish churches, there is no provision for
getting married by the publishing of banns.
A civil marriage may only be solemnised in a register office by a
Registrar or an Assistant Registrar that has been authorised by the
General registrar's Office. Although there are no time-of-the-day
restrictions on getting married in Scotland, the ceremony can only
take place during the opening hours of the register office concerned,
which are usually 9am to 4pm Monday to Friday and 9am to 1pm on Saturdays.
Opening hours do vary so check with the register office in which you
plan to get married. There is one exception to this restriction. Certain
remote Scottish communities have Parlour Registrars that are authorised
to solemnise marriages in their home. At their discretion they can
conduct a civil marriage ceremony at any time.
Humanist marriage ceremonies - which are non-religious - have had the same legal status as civil and religious weddings in Scotland since June 2005. The first legal Humanist wedding was in Edinburgh in June 2005 and was widely reported. The ceremonies must be conducted by a Celebrant of the Humanist Society of Scotland who has been authorised by the Registrar General for Scotland. The Society now has thirty trained, registered celebrants performing weddings throughout the country.
From just over 40 ceremonies in 2005, demand has grown massively. In 2006 The Humanist Society of Scotland conducted nearly 500 legal weddings and is now the fifth most popular wedding provider.
While most couples come from Scotland, many people now travel from England and abroad to be legally married in a Humanist ceremony.
Each Humanist wedding ceremony is unique, dignified and deeply personal. Humanists look on marriage as an equal partnership and a serious commitment that involves mutual love, support and respect and a humanist ceremony is a time when couples can declare all that they feel for each other in a way that feels right for them. The couple is free to make all the important choices about location, readings, music and the wording of their promises to each other.
For more information on the Humanist Society of Scotland and the range of ceremonies it provides, go to www.humanism-scotland.org.uk.
Residency Requirement
Scotland is the only country in the UK where there is no residency
requirement to be fulfilled. However, at least one of you must personally
visit the Registrar for the district in which your marriage is to
take place during the seven day period leading up to the date of marriage.
Please note, you cannot attend on the day of your marriage.
You both need to complete and submit a marriage notice to the Registrar
for the district in which your marriage is to take place. Notice must
be given in the three month period prior to the date of your marriage
and not later than 15 days before the date of your marriage. It is
usually possible to make a provisional booking with a Registrar before
the three month period prior to your marriage date but you will still
need to give formal notice within the permitted time period.
Your marriage notice must be submitted early enough to allow the Registrar
sufficient time to satisfy himself that you are both free to marry
one another. Normally notices should be with the registrar about four
weeks before your marriage but if either of you has been married before
or are travelling from overseas, the notices should be with the Registrar
at least six weeks beforehand.
Although you do not need to attend personally to hand in your marriage
notices, at least one of you must attend personally at the Registrar's
office during the seven day period leading up to the date of your
marriage (not on the marriage day itself). In the case of a religious
marriage, this is to collect the marriage
schedule. In the case of a civil marriage, it is to finalise the
marriage arrangements with the Registrar.
When handing over or sending your marriage notice forms to the Registrar,
you will need to supply certain documents for example, your birth
certificate. If you have been married before, a decree absolute of
divorce or if you are a widow or widower, the death certificate of
your former spouse. If you are marrying a step-relative or an in-law,
you will need to provide relevant death certificates and/or other
documents requested by the Registrar. Only original documents will
be accepted.
If you are domiciled outside the United Kingdom, a 'certificate of
no impediment to marriage' is required stating that you are free to
marry. This should be obtained from your own registrar of marriages
or a competent authority that has access to the marriage records in
your country. Should any of your documents be in a foreign language,
you will need to provide a certified translation in English. If you
are unable to provide any of the required documents, the Registrar
will advise you what other documents are acceptable.
It is important to make early arrangements for the venue and for the
date and time of your marriage. If you are having a religious ceremony,
arrange to see the minister who will be conducting your service before
completing the notice forms. If you will not be having your religious
ceremony in a church, you should not book a venue until your minister
has agreed to officiate. For civil ceremonies, make early arrangements
with the Registrar, particularly in cities or towns or cities where
large numbers of people want to be married at popular times of the
year.
Finally, you will need to arrange for two persons, aged 16 years or
over, to be present at your ceremony to act as witnesses. Two witnesses
are required for both religious and civil ceremonies. If you are unable
to provide witnesses, you should ask the venue, where you will be
getting married, if they are able to provide them.
When all the required documentation has been received and the Registrar
is satisfied that there is no legal impediment to your marriage, he
will issue a marriage schedule. No marriage can proceed in Scotland
without a marriage schedule, which must be presented to the person
performing your marriage before the ceremony commences.
If you are having a religious ceremony, the marriage schedule will
be issued to you personally within seven days of the marriage date.
It cannot be issued to anyone other than the prospective bride or
bridegroom. Immediately after the ceremony, the marriage schedule
will be signed by both parties and the person performing the marriage
ceremony. The two witnesses will also add their signatures. The schedule
must then be returned to the Registrar within three days so that the
marriage can be registered. If you are having a civil ceremony, the
schedule will not be issued but the Registrar will have it available
for signing after the ceremony.
After your marriage has been registered, you can obtain a copy of
the entry in the Registrar's book of marriages (your marriage certificate)
from the Registrar on payment of the appropriate fee.
If you intend to marry either a person residing in Scotland or a person
residing in England or Wales who has a parent residing in Scotland,
there is an alternative procedure to follow if you so desire. If you
decide to do this, you may give notice to the Superintendent Registrar
in the district in England and Wales in which you reside. The person
you are marrying must, however, give notice to a Scottish Registrar
in the usual way.
After the 21 day period has elapsed from entering the notice in the
notice book, the Superintendent Registrar will issue a certificate
of marriage, which must be sent to the Scottish Registrar as quickly
as possible.
There are additional requirements for you to fulfil if you are domiciled
outside the United Kingdom. If you are subject to the marriage laws
in the country in which you are domiciled, you need to obtain a certificate
of no impediment to marriage, which will state that you are free to
marry. This certificate should be obtained from your own marriage
registration authority. A certificate from a lawyer will only be accepted
as a last resort since they do not have access to marriage records.
If the certificate is in not in English, a certified translation is
also required. In the absence of such a certificate without good reason,
it may not be possible for you to get married in Scotland. If you
have been resident in the United Kingdom for the past two years, you
do not need to submit such a certificate.
If you are in any doubt about what is required, contact the Registrar
in the district in which you intend to marry. You are also strongly
advised to fax over your documents for approval before making your
journey to Scotland.
If you would like the assistance of a wedding co-ordinator with arranging
your wedding in Scotland, please visit wedding
co-ordinators in the Confetti Supplier Directory.
UK Visa Requirements
If you are not a UK passport holder, you may need a Visa to enter
the UK. Even if a Visa is not required, you are advised to obtain
an Entry Clearance. With this document, you will not be refused entry
by UK immigration upon arrival to the UK (subject to certain conditions).
Gretna Green in Dumfriesshire, with a population of about 3,000, is
probably the world's most famous wedding venue. During 1998, it hosted
over 5,500 weddings, which is about 19 per cent of all weddings held
in Scotland.
Since
the eighteenth century, the minimum legal age for getting married
in Scotland has been 16 years of age, with no requirement for parental
consent. However, in England at that time, parental consent was required
for people under the age of 21. Consequently, the small Scottish town
of Gretna, which was the first stagecoach stop over the English/Scottish
border, became very popular by young eloping English couples wishing
to get married without their parents' consent. Furthermore, until
1940, any responsible adult could conduct a wedding ceremony in Scotland
and since Gretna's blacksmith was usually on hand, wedding ceremonies
over the anvil became a common occurrence. Gretna's blacksmith became
fittingly known as the 'anvil priest'.
Today, Gretna is still a very popular venue for couples from all over
the world to get married by either religious ceremony over the anvil
in the old blacksmith's shop or by civil ceremony in Gretna's register
office. However, the legal requirements and procedures for getting
married in Gretna are no different to anywhere else in Scotland.
For further information and advice about getting married in Scotland
or to obtain an information pack containing marriage notice forms
and a list of all register offices in Scotland, please telephone the
marriages section of the General Register Office for Scotland on +44
(0)131-314 4447. Alternatively, you can fax the marriages section
+44 (0)131-314 4400 or e-mail them at marriage@gro-scotland.gov.uk
If you wish to write to the General Register Office, their address
is:
General Register Office,
Marriages Section,
New Register House,
Edinburgh,
EH1 3YT,
Scotland.
If you still have any unanswered questions about getting married in
Scotland,
please post your question on our Wedding
Forum.
|