Marriage (Scotland) Act 1977

Minimum age for marriage

Minimum age for marriage

1

• (1) No person domiciled in Scotland may marry before he attains the age of 16.

• (2) A marriage solemnised in Scotland between persons either of whom is under the age of 16 shall be void.

Forbidden degrees

Marriage of related persons

2

• (1) Subject to subsection (1A), a marriage between persons who are related to each other in a forbidden degree is void if solemnised—

• (a) in Scotland; or

• (b) at a time when either party is domiciled in Scotland.

• (1ZA) For the purposes of subsection (1), a person is related to another person in a forbidden degree if related to that person in a degree specified in Schedule 1.

• (1A) A person who is related to another person in a degree specified in paragraph 2 of Schedule 1 (relationships by affinity) is not related to that person in a forbidden degree if—

• (a) both parties have attained the age of 21 at the time of the marriage; and

• (b) the younger party has not at any time before attaining the age of 18 lived in the same household as the other party and been treated by the other party as a child of his family.

• (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1C) For the purposes of paragraph 2 of Schedule 1, “spouse” means—

• (a) in the case of a marriage between persons of different sexes, a wife in relation to her husband or a husband in relation to his wife; and

• (b) in the case of a marriage between persons of the same sex, one of the parties to the marriage in relation to the other.

• (2) For the purposes of this section a degree of relationship exists—

• (a) in the case of a degree specified in paragraph 1 of Schedule 1 to this Act, whether it is of the full blood or the half blood; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a person is related to another person in a degree not specified in Schedule 1 to this Act that degree of relationship shall not, in Scots law, bar a valid marriage between them; but this subsection is without prejudice to—

• (a) the effect which a degree of relationship not so specified may have under the provisions of a system of law other than Scots law in a case where such provisions apply as the law of the place of celebration of a marriage or as the law of a person’s domicile; or

• (b) any rule of law that a marriage may not be contracted between persons either of whom is married to a third person.

• (4) References in this section and in Schedule 1 to this Act to relationships and degrees of relationship shall be construed in accordance with section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986.

• (5) Where the parties to an intended marriage are related in a degree specified in paragraph 2 of Schedule 1 to this Act, either party may (whether or not an objection to the marriage has been submitted in accordance with section 5(1) of this Act) apply to the Court of Session for a declarator that the conditions specified in paragraphs (a) and (b) of subsection (1A) above are fulfilled in relation to the intended marriage.

• (6) Subsection (1A) above and paragraph 2 of Schedule 1 to this Act have effect subject to the following modifications in the case of a party to a marriage whose gender has become the acquired gender under the Gender Recognition Act 2004 (“the relevant person”).

• (7) Any reference in subsection (1C)(a) as it applies to paragraph 2 of Schedule 1 to a ... wife or ... husband of the relevant person includes (respectively) any ... husband or ... wife of the relevant person.

• (7A) This section and Schedule 1 to this Act have effect as if any reference in paragraphs 1 and 2 of that Schedule to a parent within any of the degrees of relationship specified ... included a woman who is a parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008 (c. 22).

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preliminaries to regular marriage

Notice of intention to marry

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• (1) Subject to subsections (2) to (4) below, each of the parties to a marriage intended to be solemnised in Scotland shall submit to the district registrar a notice, in the prescribed form, of intention to marry (in this Act referred to as a “marriage notice”) and the prescribed fee, his birth certificate and—

• (a) if he has previously been married and the marriage has been dissolved, a copy of the decree of divorce, dissolution or annulment;

• (aa) if he has previously been in civil partnership and the civil partnership has been dissolved, a copy of the decree of dissolution or annulment;

• (b) if the person has previously been married and the marriage ended on the death of the other party to that marriage, the death certificate of that other party;

• (ba) if the person has previously been in a civil partnership which ended on the death of the other party to the civil partnership, the death certificate of that other party;

• (bb) if the person is in a qualifying civil partnership within the meaning of section 5(6)(a)(i)(A) with the other party to the intended marriage, an extract from the entry in the civil partnership register relating to the civil partnership;

• (bc) if the person is in a qualifying civil partnership within the meaning of section 5(6)(a)(i)(B) or (b) with the other party to the intended marriage—

• (i) information equivalent to an extract from an entry in the civil partnership register; and

• (ii) such documentary evidence in support of that information, as the district registrar may require;

• (c) in any case where a certificate is required under subsection (5) below, that certificate.

• (ca) if the party falls within paragraph (ab)(i) of the definition of “relevant national” in section 26(2), an electronic certificate which confirms that the leave referred to in that provision has been granted;

• (cb) if the party falls within paragraph (ab)(ii) of the definition of “relevant national” in section 26(2)—

• (i) a certificate of application which confirms that the application referred to in regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and

• (ii) evidence that the relevant period referred to in regulation 4 of those Regulations has not expired;

• (d) where he is related to the other party in a degree specified in paragraph 2 of Schedule 1 to this Act, a declaration in the prescribed form stating—

• (i) the degree of relationship; and

• (ii) that the younger party has not at any time before attaining the age of 18 lived in the same household as the other party and been treated by the other party as a child of his family.

• (2) If a party is unable to submit his birth certificate or any document referred to in paragraph (a) , (aa) , (b), (ba) , (bb) or (bc) of subsection (1) above, he may in lieu thereof make a declaration stating that for reasons specified in that declaration it is impracticable for him to submit that certificate or document; and he shall provide the district registrar with such—

• (a) information in respect of the matters to which such certificate or document would have related; and

• (b) documentary evidence in support of that information,

as the district registrar may require.

• (3) If any document submitted under subsection (1) above is written in a language other than English, the party submitting it shall, unless subsection (3ZA) applies, also submit a translation of it in English certified by the translator as a correct translation.

• (3ZA) This subsection applies where—

• (a) the document submitted is accompanied by a multilingual standard form issued by an authority in a Member State of the European Union in accordance with Regulation (EU) 2016/1191 of the European Parliament and of the Council; and

• (b) the district registrar considers that the information included in the multilingual standard form is sufficient for processing the document.

• (3A) A person submitting a notice under subsection (1) above shall make and attest in the prescribed manner the necessary declaration (the form for which shall be included in any form prescribed for the notice).

• (3B) The necessary declaration is a declaration that the person submitting the notice believes that the parties to the marriage are eligible to be married to each other.

• (4) Where a party to a marriage intended to be solemnised in Scotland is residing in another part of the United Kingdom, he may submit to the district registrar a valid certificate for marriage (in this Act referred to as an “approved certificate”) issued in that other part; and where that party so submits an approved certificate, he need not, unless the Registrar General so directs, comply with the other provisions of this section.

• (4A) A district registrar to whom a notice under subsection (1) is submitted may require the person submitting the notice to provide the district registrar with specified nationality evidence relating to each of the parties to the marriage.

• (4B) A requirement under subsection (4A) may be imposed at any time—

• (a) on or after the submitting of the notice under subsection (1); but

• (b) before the district registrar completes the Marriage Schedule.

• (4C) In subsection (4A), “specified nationality evidence” means such evidence of that person's nationality as may be specified in guidance issued by the Registrar General.

• (5) A party to a marriage intended to be solemnised in Scotland who is not domiciled in any part of the United Kingdom is required, if practicable, to submit under subsection (1)(c) above a certificate, issued by a competent authority in the state in which the party is domiciled, to the effect that he is not known to be subject to any legal incapacity (in terms of the law of that state) which would prevent his marrying:

Provided that such a party—

• (i) may, where under the law of the state in which he is domiciled his personal law is that of another foreign state, submit in lieu of the said certificate a like certificate issued by a competent authority in that other state;

• (ii) need not submit a certificate under paragraph (c) of subsection (1) above

• (a) if he has been resident in the United Kingdom for a period of 2 or more years immediately before the date on which he submits a marriage notice under that subsection in respect of the said marriage or

• (b) if no such certificate has been issued only by reason of the fact that the validity of a divorce or annulment granted by a court of civil jurisdiction in Scotland or entitled to recognition in Scotland under section 44 or 45 of the Family Law Act 1986 is not recognised in the state in which the certificate would otherwise have been issued.; ...

• (c) if no such certificate has been issued only by reason of the fact that the parties to the intended marriage are of the same sex. ; or

• (d) if no such certificate has been issued only by reason of the fact that the law of the state in which the party is domiciled prevents the parties to a qualifying civil partnership within the meaning of section 5(6) from marrying.

• (6) In this section, “the district registrar” means—

• (a) where the marriage is to be solemnised in a registration district, the district registrar for that district;

• (b) where the marriage is to be solemnised in Scottish waters—

• (i) in the case where the marriage is to be solemnised by an approved celebrant, the district registrar for any registration district;

• (ii) in the case where the marriage is to be solemnised by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

Marriage notice book and list of intended marriages

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• (1) On receipt of a marriage notice or an approved certificate in respect of a party to an intended marriage, the district registrar shall forthwith enter such particulars, extracted from such notice or certificate, as may be prescribed, together with the date of receipt by him of such notice or certificate, in a book (in this Act referred to as “the marriage notice book”) supplied to him for that purpose by the Registrar General.

• (2) The district registrar shall maintain a list of the intended marriages in respect of which he has received a marriage notice or an approved certificate (the “district list”).

• (2A) Subject to subsection (2B) below, the district list shall be displayed in a conspicuous place at the registration office.

• (2B) If the registration office comprises more than one set of premises, it shall be sufficient for the purpose of subsection (2A) above if the district registrar displays the list in a conspicuous place at the principal premises only.

• (2C) The district registrar shall, as soon as practicable after he has received a marriage notice or an approved certificate in relation to an intended marriage—

• (a) make an entry in the district list containing the relevant particulars of the marriage; and

• (b) provide (in such form and by such means as the Registrar General thinks fit) the relevant particulars of the marriage to the Registrar General.

• (2D) The Registrar General shall maintain a list of proposed marriages in Scotland (the “Scottish list”).

• (2E) The Registrar General shall make the Scottish list available for public inspection (at such locations, by such means and in such forms as the Registrar General thinks fit).

• (2F) The Registrar General shall, as soon as practicable after the relevant particulars of a marriage are provided to him under subsection (2C)(b) above, make an entry in the Scottish list containing those particulars.

• (2G) An entry in a district list or the Scottish list shall remain in that list until the proposed date of the marriage to which it relates has elapsed.

• (3) Any person claiming that he may have reason to submit an objection to an intended marriage, or to the issue of a certificate under section 7 of this Act to a party to such marriage, may, free of charge and at any time when the registration office is open for public business, inspect any entry relating to the marriage in the marriage notice book.

• (4) For the purpose of this section, the relevant particulars of a marriage are such particulars, extracted from the marriage notice book, as may be prescribed.

• (5) In this section and sections 5 and 6 of this Act, “the district registrar” means—

• (a) where the marriage is to be solemnised in a registration district, the district registrar for that district;

• (b) where the marriage is to be solemnised in Scottish waters—

• (i) in the case where the marriage is to be solemnised by an approved celebrant, the district registrar to whom the marriage notices or approved certificates in respect of the marriage were submitted;

• (ii) in the case where the marriage is to be solemnised by an authorised registrar, the district registrar for the registration district of the proposed authorised registrar.

• (6) This section is subject to section 3E.

Objections to marriage

5

• (1) Any person may at any time before the solemnisation of a marriage in Scotland submit an objection in writing thereto to the district registrar:

• (1A) For the purpose of subsection (1) above, an objection which is submitted to the registrar by electronic means is to be treated as in writing if it is received in a form which is legible and capable of being used for subsequent reference.

• (2) Where the district registrar receives an objection in accordance with subsection (1) above he shall—

• (a) in any case where he is satisfied that the objection relates to no more than a misdescription or inaccuracy in the marriage notice or approved certificate, notify the parties to the marriage of the nature of the objection and make such enquiries into the matter mentioned in it as he thinks fit; and thereafter he shall, subject to the approval of the Registrar General, make any necessary correction to any document relating to the marriage;

• (b) in any other case—

• (i) forthwith notify the Registrar General of the objection;

• (ii) pending consideration of the objection by the Registrar General, suspend the completion or issue of the Marriage Schedule in respect of the marriage;

• (iii) where, in the case of a marriage to be solemnised by an approved celebrant, the Marriage Schedule has already been issued to the parties, if possible notify that celebrant of the objection and advise him not to solemnise the marriage pending the said consideration.

• (3) Subject to subsection (3A) below, if the Registrar General is satisfied, on consideration of an objection of which he has received notification under subsection (2)(b)(i) above, that—

• (a) there is a legal impediment to the marriage, he shall direct the district registrar to take all reasonable steps to ensure that the marriage does not take place and shall notify, or direct the district registrar to notify, the parties to the intended marriage accordingly;

• (b) there is no legal impediment to the marriage, he shall inform the district registrar to that effect.

• (3A) Where—

• (a) an objection of which the Registrar General has received notification under subsection (2)(b)(i) above is on the ground that—

• (i) the parties are related in a degree specified in paragraph 2 of Schedule 1 to this Act; and

• (ii) the conditions specified in paragraphs (a) and (b) of section 2(1A) of this Act are not satisfied; and

• (b) an extract decree of declarator that those conditions are satisfied, granted on an application under section 2(5) of this Act, is produced to the Registrar General,

the Registrar General shall inform the district registrar that there is no legal impediment to the marriage on that ground.

• (4) For the purposes of this section and section 6 of this Act, there is a legal impediment to a marriage where—