Marriage in Scotland

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Marriage in Scotland is between a man and a woman. Civil partnerships became available to same-sex couples in December 2005 and grant rights and responsibilities identical to civil marriage.

Contents

[edit] Eligibility

There are residency conditions that have to be met before people can be married. If one of the people wanting to marry is subject to immigration control, notice of marriage can only be done at a designated register office, which both parties must attend together.

The marriageable age is 16. Marriage must be between two otherwise unmarried people (foreign divorces are generally recognised, but existing foreign polygamous marriages prevent a marriage in Scotland as this would be treated as bigamy).

Certain relatives are not allowed to marry. Under Scots law, one may not marry one's:

Additionally, the following marriages are not allowed except under certain circumstances:

  • former spouse's descendant or ancestor
  • ancestor or descendants's former spouse

The list of proscribed affinities was reduced in the early twentieth century by the Deceased Wife's Sister's Marriage Act 1907, the Deceased Brother's Widow's Marriage Act 1921 and the Marriage (Prohibited Degrees) Relationship Act 1931.

[edit] Marriage procedures

The Marriage (Scotland) Act 1977 is the main current legislation regulating marriage. The Marriage (Scotland) Act 2002 extends the availability of civil marriages to "approved places" in addition to Register Offices and any other place used in exceptional circumstances; religious marriages in Scotland have never been restricted by location.

Marriages can either be conducted by "authorised celebrants" (usually, but not always, a minister of religion) or by an "authorised Registrar".

Both parties to a marriage are required to independently submit marriage notice forms to the registrar of the district in which the marriage is to take place. In religious marriages a "Marriage Schedule" is completed by the parties involved and submitted to the local Register Office after the marriage so that it can be registered; the Marriage Schedule must be produced to the person performing the marriage otherwise it cannot take place. After the ceremony the Schedule is signed by the couple, their witnesses and the person performing the marriage. In civil marriages the Schedule is kept by the Registrar and signed after the ceremony. Unless specially authorised by the Registrar General, a minimum of 15 days notice must be given for a marriage but procedural requirements increase this for most marriages to 4-6 weeks to ensure that it can be determined that there is no impediment to the marriage. A list of forthcoming local marriages is displayed to the public at each Register Office.

Marriages in Scotland were also available by various means of "irregular marriage" which can be summarised as the agreement of the couple to be married and some form of witnessing or evidence of such; most forms were abolished by the Marriage (Scotland) Act 1939 from 1st January 1940 but a marriage by "cohabitation with repute" can still be formed, although this method is now (2006) also being considered for abolition.

Different marriage laws in Scotland have encouraged the practice of couples who cannot meet the conditions in England eloping to Scotland. In the past when transport was less developed this led to Gretna Green, the first Scottish settlement on the main West Coast route from England and Lamberton Toll in Berwickshire being used for irregular "marriages by declaration" until this type of marriage was abolished in 1940; Gretna Green remains as a favoured marriage location but more modern runaway marriages tend to take place in other less obvious locations in Scotland.

[edit] Common law marriage

Under Scots law, there were several forms of "irregular marriage" (including marriage by correspondence), but all but one of them was abolished by 1940. In 2006, Scotland was the last European jurisdiction to abolish the old style common-law marriage or, as it is known in Scots Law, "marriage by cohabitation with repute" (popularly described as "by habit and repute", repute being the crucial element to be proved).

[edit] Benefits and consequences

Main article: Legal consequences of marriage in the United Kingdom

Upon death of one's spouse, bequests to the other spouse do not incur inheritance tax. Intestate property by default will go to the spouse. Also, there is partial inheritance of pensions.

Non-British spouses of British citizens may obtain residence permits.

Spouses are considered to have a duty of care towards each other, and certain social security benefits are calculated differently from those for single people.

[edit] Foreign citizens wishing to marry in the UK

From 1 February 2005, visitors who wish to be married in the UK that are a citizen of a country that is not a member of the European Economic Area (EEA), must apply for a visa before they travel. Without the visa the registrar will not be able to accept the notice of marriage and will not be able to perform the marriage ceremony.

If you are already in the UK, and you are a citizen of a country that is not a member of the EEA, you will need the approval of the Home Secretary to be married. This will be provided in the form of a certificate of approval.

[edit] Divorce

Divorce is allowed under certain circumstances as is civil re-marriage, though different religions and denominations differ on whether they permit religious re-marriage.

[edit] See also

v • d • e
Marriage by country