Marriages

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

• Both persons are at least 16 years of age on the day of marriage.
• They are not related to one another in a way which would prevent their marrying
• They are unmarried and not in a civil partnership*
• They are capable of understanding the nature of a marriage ceremony and of consenting to marrying
• In the case of an opposite sex marriage, the marriage would be regarded as valid in the party’s country of domicile.

* If you are in a qualifying civil partnership you can change it to a marriage – a qualifying civil partnership is a civil partnership which was registered in Scotland, England, Wales or Northern Ireland and has not been dissolved, annulled or ended by death or an overseas relationship registered outwith the UK which is treated as a civil partnership in Scotland and has not been dissolved, annulled or ended by death.

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

A religious or belief marriage, may take place anywhere and 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 take place in a registration office or at any place agreed between the registration authority and the couple, and may be solemnised only by a registrar or an assistant registrar who has been authorised by the Registrar General.

You can obtain marriage notice forms and information about fees from any Registrar of Births, Deaths and Marriages in Scotland or from the National Records of Scotland website. 

Each contracting party to a marriage must complete and submit a marriage notice, along with the required documents (see below) and the appropriate fee, to the registrar for the district in which the marriage is to take place. This means that both parties must be aware of the marriage and independently complete and sign the declaration on the marriage notice form. Failing to give proper notice can result in a marriage being postponed or prevented from proceeding.

The notices must be submitted early enough to enable the registrar to satisfy them self that you are free to marry one another. Normally notices should be submitted about 10 to 12 weeks beforehand. The minimum period is 29 days before the date of the proposed marriage, but if you leave things as late as this, you could face the need to postpone your marriage.

Only in exceptional circumstances will the Registrar General authorise a marriage to take place if 29 days' notice has not been given.

When giving or sending marriage notice forms to the registrar, both parties must supply the following:

• Birth certificate, or if you are adopted, your adoption certificate
• If you have been married or in a registered civil partnership before and the marriage or civil partnership has been dissolved or annulled, a decree of divorce or dissolution or annulment or a certified copy decree is required. A decree of divorce or dissolution granted outside Scotland must be absolute or final - a decree nisi is not acceptable
• If your spouse or civil partner is deceased, the death certificate of your former spouse or civil partner
• A passport or other document to provide evidence of nationality.
• Evidence of your usual residence
• If you are in a qualifying civil partnership, an extract from the entry in the civil partnership register relating to the civil partnership
• If you are in an existing marriage, your marriage certificate.
• If your domicile is abroad, a certificate of no impediment issued by the competent authority to the effect you are free to marry
• If any of the documents are in a language other than English, a certified translation in English must also be provided.

You will need to arrange for two people to be present to act as witnesses to your marriage. The two witnesses must be aged 16 or over and must be capable of fully understanding the proceedings. The registrar must be notified of the full names and addresses of both witnesses. If, for any reason, you wish to change the names of the witnesses please tell the registrar as soon as you can.

You will need to arrange for two people to be present to act as witnesses to your marriage. The two witnesses must be aged 16 or over and must be capable of fully understanding the proceedings. The registrar must be notified of the full names and addresses of both witnesses. If, you are having a religious/belief ceremony the registrar will give you details of when to collect your Marriage Schedule. The Marriage Schedule is the legal document the celebrant conducting your marriage requires; without this your marriage cannot proceed.

Do not delay giving notice simply because you are waiting for any of the above documents mentioned above to come to hand.

If time is getting short it is better to give notice first and then pass the documents to the registrar when they become available; but they must be made available to the registrar before the marriage.

Provided the documents are in order the marriage may proceed as arranged. If for any reason, you wish to change the names of the witnesses please tell the registrar as soon as you can.

If you are subject to Immigration Controls you will have to provide extra documentation to that outlined above. In particular, you will need to provide a Declaration of Immigration Status form which can be obtained from the registrar or the NRS website. Evidence to support the statement you make on the Declaration of Immigration Status form will also be required. If you are in any doubt about what is required, or if you need further information, you should consult the registrar or contact the NRS.

If you are just visiting Scotland to change your civil partnership registered in Scotland to a marriage, you do not need entry clearance but will need to provide evidence to show that you are in an existing civil partnership when you enter the UK.

If you have any questions, contact the Home Office’s UK Visas and Immigration Contact Centre Tel no: 0300 123 2241.

Registrars have a statutory duty to report any marriage they suspect has been registered for the sole purpose of evading statutory immigration controls.

The nature of civil marriage has changed dramatically since it was first introduced in Scotland in 1940.

Historically, civil marriages were governed by strict rules, and could only take place in the office of an authorised registrar, Monday to Friday, in a short ceremony which focused mainly on the legal requirements of marriage.

However, today this couldn’t be further from the case. The rules have changed and there is much greater flexibility – there are almost as many different kinds of civil marriage ceremony as there are couples.

Registrars understand the diverse needs of people today, and can reflect the culture and social mix in our communities.
As a result, many civil marriages now include personal touches such as live music, readings and additional vows, making the ceremony unique to the couple.

A modern registrar will encourage couples to make their own contributions to the ceremony, and there is huge scope to include friends, children and family members. Guests can also be encouraged to take an active part in the ceremony, and these changes make everyone feel really involved.

Although traditionally civil marriages were entirely non-religious, there is now no set format and religious context can be included if the couple wish.

If you are considering a civil marriage, you may want to think about hand fasting, sand ceremonies, remembrance candles or the well-known Scottish tradition of drinking from the quaich, all of which are now possible.

Civil marriage ceremonies take place almost anywhere, and at times including Saturdays and Sundays. Local authorities no longer need venues to be licensed for a wedding and this freedom allows for much greater choice of venue – you can be married in a hotel, castle, beauty spot, on a beach, in your garden or even on a boat; essentially any location that is special to you.

The role of the registrar is also unique – only registrars can guide you through the whole marriage process, including:

• Choosing a venue
• Submitting marriage notices and checking all the required documentation
• Tailoring the ceremony
• Registering the marriage
• Issuing a marriage certificate

A civil marriage gives you the opportunity to have a ceremony truly reflecting your personalities, and registrars will help you every step of the way to make sure it is a day to remember.

There are two categories of celebrant who can solemnise a marriage or civil partnership ceremony in Scotland. You can use a:

• Civil celebrant
• Religious or belief celebrant.

A civil marriage or civil partnership can be solemnised by a registrar or assistant registrar in the district where the ceremony is due to take place.

Religious or belief ceremonies can be solemnised by an approved celebrant who has been authorised under the terms of the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004.

Religious bodies include, but are not limited to, Christian, Jewish, Muslim, Sikh and Hindu communities and organisations.

Belief bodies include, but are not limited to, humanist, pagan, spiritualist and interfaith communities and organisations.

If you are unsure if your celebrant is authorised to conduct a legal ceremony, contact the registration office in the district where your ceremony is to take place before engaging with the celebrant.

Private and Independent Celebrants

A private or independent celebrant has not been authorised under the terms of the Marriage (Scotland) Act 1977 and the Civil Partnership Act 2004 and may be referred to as an ‘unauthorised’ celebrant. Unauthorised celebrants may only provide non-legal ceremonies in Scotland such as funerals, baby naming, vow renewals or blessings (including wedding/civil partnership blessings).

A marriage or civil partnership ‘blessing’ is a ceremony that is not legally binding in Scotland and will not be registered in the national register. Your marital status will not be recognised as ‘married’ or ‘in a civil partnership’.

You may be advised by an unauthorised celebrant that they can conduct a blessing and that a registrar can complete the ‘legal duties’ of the ceremony to make their marriage or civil partnership legal. Couples should be aware that a registrar cannot conduct parts of a marriage or civil partnership for any other body or unauthorised celebrant. If a couple choose to use the services of a registrar, it is the registrar that will legally conduct the ceremony and marry or civilly partner the couple. The marriage or civil partnership certificate will reflect the date and location where the ceremony was conducted by the registrar and that the celebrant was the registrar. A ‘blessing ceremony’ may occur before or after the ceremony conducted by the registrar, but it is not legally recognised and is not connected to the ceremony led by the registrar.

If you have any questions regarding an unauthorised celebrant or a legally recognised ceremony in Scotland, please contact the registration office in the district where you wish your ceremony to take place.