Current Laws
- prior residence in Scotland is not a pre-requisite to marriage
- minimum age is sixteen
- the marriage would be regarded as valid in any foreign country to which either party belongs
There are 2 types of wedding ceremony:
- A civil marriage – which is performed by a Registrar, and can only be performed in a registry office, and
- A religious ceremony – which is performed by a minister. Theoretically, these can take place anywhere, either in or outdoors, however it should be pointed out that different churches and individual ministers have their own views on marrying couples who are from outside of their parish, and performing ceremonies in locations other than their church. The only way to find out where the church or minister stand is to ask.
Before a couple can get married in Scotland both parties must submit a marriage notice along with the appropriate fee to the registrar for the district in which the marriage id to take place. The marriage notice forms are available from any registrar (whose address can be found in telephone directories or online) or from the Registrar Central in Edinburgh. Normally these should be submitted a minimum of fifteen days and a maximum of three months before the ceremony, however four weeks is the recommended period (or six weeks if either party has been married before). Along with the forms the registrar must also be supplied with:
- birth certificates
- divorce certificates (where relevant) – please note that a decree of divorce granted outside Scotland must be absolute or final – a decree nisi is not acceptable.
- certificate issued by a competent authority of the country of residence (usually the civil authority) if either party is a national of a country other than the UK to the effect that there is no impediment to the proposed marriage certified translation of the certificate if the certificate is in a language other than English – phew! This certificate is not necessary if the party is now resident in the UK and has been for two years.
The registrar will be able to make checks and then will prepare the marriage schedule. The whole process normally takes about fourteen days. In the case of a civil wedding the Registrar retains the schedule until the date of the wedding, however, if a religious marriage is intended the schedule is issued to the parties one or other of whom must collect it in person not more than seven days before the wedding. The schedule must be produced before the ceremony for the person performing the marriage who is then required to sign it, along with two witnesses over the age of sixteen. The Registrar then retains, or must have the schedule returned to him within three days so that he can register the marriage. Where one of the parties lives in England or Wales and the other in Scotland, the former if he or she wishes, may apply to the English or Welsh Superintendent Registrar for a certificate which the Scottish Registrar will accept in lieu of notice – this certificate should then be forwarded to him as soon as possible.
The above details are not a representation of the complete law and are a guideline only. For more detailed information please try www.weddings.co.uk
