This information serves as a general guide only. For further information contact the Registrar General, General Register Office, New Register House, Edinburgh EH1 3YT.

WHO CAN BE MARRIED IN SCOTLAND

Any two persons, regardless of where they live, may marry in Scotland provided that:

• both persons are at least 16 years of age on the day of the marriage.
  
  
• they are not related to one another in a way which would prevent the marriage (see list at the end of this page).
  
  
• they are unmarried (anyone who has been married before must produce documentary evidence that the marriage has ended due to death, divorce or annulment).
  
  
• not of the same sex.
  
  
• capable of understanding the nature of a marriage ceremony and of consenting to marriage.
  
  
• the marriage would be regarded as valid in any foreign country to which either party belongs.

TYPES OF MARRIAGE

You can be married in either of two ways - by a religious ceremony or by a civil ceremony.

A religious marriage, whether Christian or non-Christian, may be solemnised only by a minister, clergyman, pastor, priest or other person entitled to do so under the Marriage (Scotland) Act 1977.

A civil marriage may be solemnised only by a registrar or an assistant registrar who has been authorised by the registrar General for that purpose.

HOW AND WHEN TO GIVE NOTICE

Each person must submit a marriage notice, to the registrar for the district in which the marriage is to take place.

Notice should be handed in four weeks in advance of the marriage and six weeks if either partner has been married before. The minimum period is 15 days before the date of the proposed marriage, but if you leave things as late as this you could be faced with the need to postpone the marriage.

One of the parties must attend the Registrar General before the date of the marriage to finalise arrangements with the registrar.

Every person is required to sign a declaration to say that the information given on the notice is correct. This is a safeguard against bigamous marriages.

Persons related in any of the ways listed at paragraph 2a will be required to sign a separate declaration form, which can be obtained from any registrar of births, deaths and marriages in Scotland.

DOCUMENTS TO BE PRODUCED

When giving or sending the marriage notice forms to the registrar each of you must supply the following.

Your birth certificate.

If you have been married before, a certificate of divorce or annulment or a certified copy decree. A decree of divorce granted outwith Scotland must be absolute or final - a decree nisi is not acceptable.

A death certificates if you are a widow or widower.

If you and the person you are marrying are related in any of the ways listed in paragraph 2b, death certificates are required of the persons mentioned in footnote (b).

If you are domiciled outside the United Kingdom (see final paragraph).

MAKING ARRANGEMENTS FOR THE MARRIAGE CEREMONY

Visit the minister or clergyman if you are having a religious ceremony, before completing the notice of marriage.

For a civil marriage make advance arrangements with the registrar.

Arrange for two people to act as witnesses.

THE MARRIAGE SCHEDULE

This is issued when the registrar is happy that there are no legal impediments to the marriage.

The marriage schedule will be issued to you by the registrar if you are having a religious marriage. The Schedule must be collected at least seven days before hand.

The Marriage schedule must be produced before the marriage ceremony.

After the ceremony both parties must sign the Schedule, by the person performing the marriage and by the two witnesses.

For a civil marriage a Marriage Schedule will be available at the marriage ceremony for signature.

A fee for the civil marriage is payable to the registrar in advance.

MARRIAGE CERTIFICATE

Can be obtained from the registrar on payment of the appropriate fee.

IF YOU LIVE IN ENGLAND OR WALES

As an alternative to the normal procedure of giving notice to a registrar in Scotland, if you intend to marry

(i) a person residing in Scotland, or

(ii) a person residing in England or Wales who has a parent residing in Scotland.

You may give notice of marriage to the superintendent registrar in the district in England or Wales in which you reside. The person you are marrying should, however, give notice in Scotland in the usual way.

You should seek the advice of the superintendent registrar if you wish to proceed in this way. The certificate for marriage obtained from him should be sent to the Scottish registrar as quickly as possible.

IF YOU ARE DOMICILED OUTSIDE THE UNITED KINGDOM

The normal procedure of giving notice to the registrar in Scotland must be followed but also an additional requirement is needed.

If being domiciled in a country outside the UK, you are subject to the marriage laws of that country. You should obtain if practicable, a certificate issued by the competent authority (usually the civil authority) in that country to the effect that there is no impediment to your proposed marriage. If the certificate is not in English a certified translation must be provided.

In the absence of such a certificate without good reason being shown, it may not be possible to be married in Scotland.

If you are now resident in the UK and have lived here for the last 2 years or more you need not submit such a certificate.

DEGREES OF RELATIONSHIP

1.Relationships by consanguinity

Relationships by affinity

a. Except in the circumstances explained in note (a) below-

b. Except in the circumstances explained in note (b) below-

c. Relationships by adoption

Further information can be obtained from General Register Office, New Register House, Edinburgh.

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