Who can get married in Scotland?
You can get married in Scotland as long as you and your partner are:
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both at least 16 years old
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not already married or in a civil partnership with someone else
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not closely related to each other
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capable of understanding what marriage means and of consenting to it
Who cannot get married in Scotland?
You cannot legally marry or have a civil partnership with someone you are closely related to. This includes a:
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parent (including an adopted parent or former adoptive parent)
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child (including an adopted child or former adopted child)
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grandparent (and great-grandparent)
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grandchild (and great-grandchild)
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sibling (including half-siblings)
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aunt or uncle
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niece or nephew
Relatives you can marry or have a civil partnership with
There are specific exceptions for certain relatives by marriage (known as 'affinity'). You can marry a:
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child of a former spouse or civil partner
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former spouse or civil partner of a parent or grandparent
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grandchild of a former spouse or civil partner
To do this, you must:
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be aged 21 or over
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not have lived in the same house as that person when you were aged 18 or younger
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not have been treated as a child of their family
What if I’m 16 or 17 years old?
Scotland's marriage age is 16, and you don't need your parents' permission to get married.
However, this can be a complex area of law. If you're from England or Wales (where the minimum marriage age is 18) and you get married in Scotland under 18, your marriage will not be legally recognised when you return to England or Wales.
What if I'm transgender?
If you’re transgender, you'll be considered to have the sex you were assigned at birth unless you have a gender recognition certificate (GRC). If you have a GRC, you can:
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get married or form a civil partnership in your affirmed gender
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get a new marriage or civil partnership certificate, if it was registered in the UK
What makes a marriage invalid in Scotland?
For a marriage to be legally valid, you must both meet the rules set out above, and you must both consent to the marriage.
A marriage is only valid if both people freely and fully consent to it. This means you cannot be pressured, threatened, or forced into getting married. A forced marriage is where one or both people do not (or cannot) consent, and pressure or abuse is used. Forced marriage is illegal and a criminal offence in the UK.
Anyone who is at risk of being forcibly married or knows of someone who is should contact the Forced Marriage Unit for advice or, in an emergency, the police.
What is the process for getting married?
To get married, you'll need to follow several key legal steps. This involves giving notice of your intention to marry, providing the correct documents, and ensuring the marriage is properly registered after your ceremony.
Here's a step-by-step breakdown of the process:
1. Choose your ceremony type
You need to decide on the type of ceremony you want, as this affects who you'll contact. In Scotland, you have two main options:
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civil ceremony - a non-religious ceremony conducted by a registrar. It can take place in a registrar's office or almost any other non-religious venue
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religious or belief ceremony - conducted by an approved celebrant (eg a minister, priest, rabbi, imam, humanist celebrant, or another belief-system leader). These ceremonies can also take place almost anywhere, including outdoor locations, as long as your celebrant agrees
2. Submit your marriage notice
You must give legal notice of your intention to marry. To do this, you and your partner must each complete a marriage notice (M10) form. You must submit both forms to the registrar for the district where your marriage will take place. This must be done no later than 29 days before. It's best to give plenty of notice, ideally between 10 and 12 weeks.
3. Provide your documents
Along with your M10 forms, you'll need to send supporting documents to the registrar. These typically include:
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your birth certificate
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proof of your address (like a recent utility bill)
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your passport
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a decree of divorce, dissolution, or a death certificate if you’ve been married or in a civil partnership before
Always check with the specific registrar's office, as they'll tell you exactly what they need to see and whether they need original documents.
4. Collect the marriage schedule
Once the registrar has checked your forms and is satisfied there's no legal reason you can't get married, they'll prepare your marriage schedule. This is the most important legal document for your wedding day.
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for a religious or belief ceremony - you must collect the schedule (in person) from the registrar during the week of your wedding
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for a civil ceremony - the registrar who is conducting your ceremony will bring the schedule with them on the day
5. The ceremony and signing
During your ceremony, you, your partner, your two witnesses, and the person conducting the ceremony must all sign the marriage schedule. Your witnesses must be at least 16 years old and understand the ceremony.
If you or your partner cannot speak English, you must arrange for an interpreter to be at the ceremony.
6. Register the marriage
The final step is to make it official. The process for this depends on your ceremony type:
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for a civil ceremony - the registrar who conducts your ceremony will register the marriage for you. You don't need to do anything else
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for a religious or belief ceremony - you (or your partner) must return the signed marriage schedule to the registrar within three days of your wedding. The registrar will then register the marriage
Once your marriage is registered, you can order your official marriage certificate from the registrar.
What about civil partnerships?
The process for registering a civil partnership in Scotland is very similar to the marriage process. The key difference lies in the forms you use. For more information, read Registering a civil partnership.
What if I'm not from the UK?
If you, or your partner, are not from the UK, you can still get married in Scotland, but you may have to take extra steps.
The rules depend on whether you are a relevant national. A relevant national is a British or Irish citizen, or someone with EU settled or pre-settled status (or a pending pre-June 2021 application).
If you're not a relevant national, you must:
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complete a declaration of status by non-UK nationals form along with your M10 form
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provide extra documents (like proof of your immigration status)
You may also need to provide a certificate of no impediment (CONI) from your home country's authorities (or equivalent). This is an official document stating that there's no legal reason you can't get married.
Be aware that if you're subject to immigration control, the notice period can be extended from 29 days to 70 days, as the Home Office may conduct an investigation.
Once you're married, you may want to take other important legal steps. For example, you can make a Last will and testament for Scotland to set out your wishes for your estate, or change your name. Do not hesitate to Ask a lawyer if you have any questions.
