Getting Married in Scotland

Getting Married in Scotland



Weddings in Scotland


A quick guide to the legal side of Scottish marriage



Getting married in Scotland isn't only about picking the most beautiful wedding dress or selecting your chosen Scottish wedding photographers or wedding cake supplier. There's the legal side to consider too.



What was and is the minimum age for marriage in Scotland?



Up until 1929, Scots law followed Roman law in that it allowed a girl to marry at twelve years of age and a boy of fourteen, without a legal requirement for parental consent.



The writing ofThe Age of Marriage Act 1929 (applying in Scotland, England & Wales but not in Northern Ireland) that rendered void a marriage between persons where either was under the age of sixteen. Sixteen remains the lower age-limit today, contained in the current legislation, the Marriage (Scotland) Act 1977. Parental consent is still not a requirement of Scots law.



What is the form of a marriage ceremony in Scotland?



In fact there is no legally prescribed form of words to be used in relation to marriage vows in Scotland. The ceremony may be conducted in English - or in any other choice of language (including Gaelic and Scots), as long as all parties (including the celebrant) can understand what's being said (a translator may be used).



A Civil Marriage Ceremony



Whether you are planning your civil ceremony to be conducted in a registrar’s office, or any venue approved for civil ceremonies, you may wish to choose to personalise your civil ceremony. You may personalise the ceremony with readings, poetry, music or increasing in popularity by writing your own personal vows to one another, in addition to the Statutory Declarations needed under law.



In most Scottish Local Authorities your registrar will provide you with examples of suitable readings. There are also many publications available within which you can choose suitable readings. As a civil ceremony is non religious in every respect, the readings and music must be secular in nature.





Registrars may be more than happy to help when you start the planning of your civil ceremony, no matter if you opt to have a simple, quiet ceremony, or a larger more grand event. However, certain fixed statutory elements which must be included in any legal marriage ceremonies.



The order of ceremony example below is the usual form a civil ceremony will take:



1. Arrival of Groom and Guests

2. Arrival of Bride and Attendants

3. Welcome & Introduction by Authorised Registrar

4. Definition of Marriage

5. Statutory Marriage Declarations

6. Exchange of Rings

7. Pronouncement of Marriage

8. Signing of the Marriage Schedule



The Religious Marriage Ceremony



Religious marriage ceremonies will vary greatly, depending on the religion of the couple. Including marriages by celebrants of the many Christian denominations, and celebrants from other religions such as Jews, Muslims, Sikhs and Hindus. They also include celebrants from other systems of belief, such as Humanists.



The detail of the ceremony is usually decided by the celebrants. However the actual form of the ceremony must include, and must be in no way inconsistent with,



ONE: a declaration by the parties, in the presence of each other, the celebrant and two witnesses, that they accept each other as husband and wife; and



TWO: a declaration by the celebrant, after the foregoing declaration, that the parties are then husband and wife.



Civil Marriages in Approved Places



The Marriage (Scotland) Act was passed by the Scottish Parliament on 27 February 2002, received Royal Assent on 4 April 2002 and came fully into force on 25 April 2002. The Marriage (Scotland) Act 2002 is available on the Legislation.gov.uk website.



The Marriage (Scotland) Act 2002 now:-



Permits civil marriages to be solemnised at places other than registration offices;



Authorises local councils to approve locations for this purpose and to charge fees to meet related costs and for connected purposes; and

Enables the Registrar General for Scotland to give guidance on the above to local councils.



This article was written by Edinburgh Photography Clear Photography

 

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