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Getting Married in Scotland


Who can get married in Scotland?

Anyone, regardless of their place of residence can marry in Scotland provided that:

they are not related to one another in a way that would prevent the marriage.
they are not already married (anyone who has already been married must produce evidence that the previous marriage has been ended by death, divorce or annulment).
both are at least 16 years old on the day of the wedding.
they are not of the same sex.
they understanding the nature of a wedding ceremony and consent to marry.
they are not related in a way that would prevent the marriage by law. (click here for full details)


How can we get married?

There are two ways to be married in Scotland; either by a religious or by a civil ceremony:

Under scots law a religious ceremony may take place anywhere but may be solemnised only by a minister, clergyman, priest or other person entiled to do so by law.


A civil marriage may take place in a registry office or at an approved venue and may be solemnised only by a registrar or an assistant registrar. (click here for some approved civil venues)

It is possible in some circumstances for the Local Authority to permit a civil marriage to take place in another venue, domestic homes, hospitals etc. In these cases you should contact the local authority in whose area the wedding is to take place for further details.

What paperwork is required?

First stop is your local Registrar (click here for list).

You can get a marriage notice form from any registrar of births, deaths and marriages in Scotland. Both of you must complete and submit a marriage notice, along with the documents listed below and the appropriate fee to the local registrar for the district where the marriage is to take place.

The registrar has a duty to satisfy himself that you are free to marry and requires a minimum period of four weeks before the wedding to do this, if neither of you has been married before. If one of you has been married previously, you should submit the marriage notice six weeks beforehand. The minimum period for submitting the documents is 15 days before the wedding. However, if you submit the documents as late as this you could leave it too late and be forced to postpone your wedding.

At least one of you must personally attend the registrar's office to hand in your marriage notice. This is necessary to collect the Marriage Schedule if it's to be a religious ceremony or to finalise arrangements with the registrar, if it's to be a civil ceremony. It is necessary for one of you to attend in person because the registrar will need further information before the marriage can proceed.

Every person who submits a marriage notice must sign a declaration that the information given on the notice is truthful and correct. The General Register Office for Scotland will carry out subsequent checks to ensure that teh marriage is not bigamous.

If you are related in any of the ways listed at the end of this page (click here) you will each have to sign a separate declaration form. You can get this form from any registrar of births, deaths and marriages in Scotland.

If you live elsewhere in the UK

If you live in England or Wales, you may give notice of marriage to your local superintendant registrar in the district where you live : if
you intend to marry
1. a person living in Scotland, or
2. a person living in England or Wales who has a parent residing in Scotland.
The person you are marrying should give notice in Scotland in the usual way, however.

If you plan to proceed in this way, you should seek the advice of the superintendent registrar of your district. Once you have received a certificate for marriage obtained from the superintendent registrar you should send it to the Scottish registrar immediately.


Documents required

You must supply the following documents to the registrar along with the marriage notice forms:

Your birth certificate.
If you were married previously and the marriage was dissolved, 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.
If you are a widow or widower, the death certificate of your former spouse is required.
If you and the person you are marrying are related in any of the ways listed at the end of this page, death certificates are required of the persons mentioned in the notes (b).
If you are resident in another country, outside the United Kingdom, a "certificate of no impediment" issued by relevant authority of that country, to the effect that you are free to marry. If in doubt, contact the Registrar.


If any of these documents is in a foreign anguage , a certified translation in English must be provided.
If there is a delay or likely to be a delay in securing any of these documents, you should still give notice to marry to the registrar and submit them to the Registrar as they become available.


If you live outside of the UK


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

If you are subject to the marriage laws of the country you live in, you should obtain a certificate issued by the competent authority declaring that there is no impediment to your proposed marriage. If the certificate is not in English you should also produce a certified translation.
If you do not have such a certificate and if you cannot provide good reason for its absense it may not be possible for you to marry in Scotland.
If you are now resident in the UK and have lived here for the last two years or more you do not need to submit such a certificate.
If you are in any doubts or qiuestions you
should consult the registrar or write to the General Register Office for Scotland


Arrangements for the wedding ceremony


You should make the arrangements for the date and time of your marriage as early as possible.

If you are having a religious ceremony contact the clergyman who is officiating at the service, before you complete the notice of marriage.
For a civil marriage make arrangements with the registrar as soon as you can. Remember that many people wish to get married at the most populr times of year and that the Registry Office or the approved venues may be taken months in advance.
Arrange for two persons, aged 16 years or over, to be present at your marriage to act as witnesses. Witnesses are required in civil and religious ceremonies.


The Marriage Schedule

When the registrar is satisfied there is no legal impediment to the marriage, a Marriage Schedule will be prepared from the information you have given. The Schedule is a most
important document - no marriage can proceed without it.
If it is to be a religious wedding, the Marriage Schedule will be issued to you by the registrar. The Schedule cannot be issued more than seven days before the wedding and the registrar will inform you when it can be collected. You or your partner must collect the Marriage Schedule in person. It cannot be collected on your behalf by anyone else.
The Marriage Schedule must be produced before the wedding ceremony to the clergyman or person performing the marriage.
The Schedule must be signed by both parties, by the person performing the marriage and by the two witnesses, immediately after the ceremony. Following the wedding ceremony, it must be returned to the registrar so that he can register the marriage.
If it is to be a civil wedding a Marriage Schedule will not be issued, but the registrar will have it available at the wedding ceremony for signature. He will register the marriage immediately after the ceremony.
A fee for the civil marriage at the Registry office and for the marriage and the attendance of an authorised registrar at an approved place is payable to the registrar in advance.


The Marriage Certificate

After the marriage has been registered you can get copies of the marriage certificate from the registrar for the fee listed below.

What costs are involved?

The fees for both civil and religious marriages are set down by law and are currently as follows:

For each person submitting a notice of marriage, civil or religious, to the district registrar - £20
For solemnisation of a civil marriage - £45
For each copy of the marriage certificate £8.50


Relationships unlawful for marriage in Scotland

Relationships by consanguinity
A man may not marry his:

A woman may not marry her:

Aunt Brother
Daughter Father
Granddaughter Grandfather
Grandmother Grandson
Great-granddaughter Great-grandfather
Great-grandmother Great-grandson
Mother Nephew
Niece Son
Sister Uncle




Relationships by affinity

Except in the circumstances explained below (a)
A man may not marry his:

A woman may not marry her:

Former wife's daughter or granddaughter Former husband's son or grandson
Father's or grandfather's former wife Mother's or grandmother's former husband

(a) Parties related within the degrees listed above must be 21 years of age or over at the time of the marriage and the younger party must not, before his or her 18th birthday, have lived in the same household as the other party and been treated by that person as a child of the family.

Except in the circumstances explained below (b)
A man may not marry his:

A woman may not marry her:

Former wife's mother
Former husband's father
Son's former wife Daughter's former husband


Parties related within the degrees listed above must be 21 years of age or over at the time of the marriage and the family members involved in creating the in-law relationship must both be deceased.


Relationships by adoption

A man may not marry his:

A woman may not marry her

:
Adoptive mother or former adotive mother Adoptive father or former adoptive father
Adopted daughter or former adopted
daughter
Adopted son or former adopted son
       

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