Marriage
Preliminaries for being married in Scotland
The following information gives general guidance only and should not be treated as a complete and authoritative statement of the law.
If, after reading it, you are still in doubt, you may seek advice from The Registrar's Office in Glasgow by phoning either 0141 287 7655 or 0141 287 8350 if your marriage is to take place within Glasgow Registration District area.
If you are outside the British Isles the Registrar may ask to see your valid passport or other document allowing you to be in the country.
If you are visiting the UK to be married and you are a citizen of a country that is not a member of the European Economic Area, you will need to apply for a visa before you travel. If you do not get a visa the registrar will not be able to accept your notice and you will not be able to marry in the UK. Obtaining a visa should be straight forward. For more information visit the UK Visas website at:-
www.ukvisas.gov.uk/guidance click on "Visitors"
or contact your nearest British Embassy, Consulate or High Commission for advice.
If you are already in the UK, and you are a citizen of a country that is not a member of the European Economic Area, you will need the approval of the Home Secretary to be married here. This will be provided in the form of a certificate of approval. For more information visit the Home Office website or call the Immigration and Nationality Enquiry Bureau on 0870 606 7766 or write to Immigration and Nationality Directorate, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.
Who can be married in Scotland
Any two persons who are at least 16 years of age on the day of their marriage, regardless of where they live, may marry in Scotland provided that:
- they are not related to one another in a way which would prevent their marrying
- they are unmarried (any person who has already been married must produce documentary evidence that the previous marriage has been ended by death, divorce or annulment)
- they are not of the same sex
- they are capable of understanding the nature of a marriage ceremony and of consenting to marriage
- the marriage would be regarded as valid in any foreign country to which either party belongs
Types of Marriage
You can be married in either of two ways in Scotland - by a religious ceremony or a civil ceremony:
A religious marriage, whether Christian or non-Christian, 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 be solemnised only by a registrar or an assistant registrar who has been authorised by the Registrar General for that purpose.
How and when to give notice
You can each obtain a marriage notice form, and information about fees, from any registrar of births, deaths and marriages in Scotland. In most cases you can get the address of your local registrar from the telephone directory.
Each of you 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.
Timing is important. The notices must be submitted early enough to enable the registrar to be satisfied that you are free to marry one another. Normally notices should be handed in about FOUR weeks before the marriage but if either party has been married before, the notices should be with the registrar SIX weeks beforehand. The minimum period is 14 clear days before the date of the proposed marriage, but if you leave things as late as this you could be faced with the need to postpone your marriage.
Only in exceptional circumstances will the Registrar General authorise a marriage to take place if 14 clear days notice has not been given.
Although you need not attend personally at the registrar’s office to hand in your marriage notice, at least one of the parties must attend personally before the date of the marriage. It is necessary, in the case of a religious marriage, to collect the Marriage Schedule or, in the case of a civil marriage, to finalise arrangements with the registrar. Personal attendance is necessary at this stage because the registrar will need further information before the marriage can proceed.
Every person giving notice is required to sign a declaration to the effect that the particulars and information given on the notice are correct. As a safeguard against bigamous marriages, a subsequent check of the information is made centrally.
If you wish to download Marriage Notice Forms (M10), these may be obtained from the website of the General Register Office for Scotland.
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Documents to be produced
When giving or sending the marriage notice forms to the registrar, each of you must supply the following:
- your birth certificate
- if you have been married before 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
- if your domicile is abroad, a certificate of no impediment issued by the competent authority to the effect that you are free to marry (see below). If any of these documents is in a language other than English, a certified translation in English must also be provided
Do not delay giving notice simply because you are waiting for any of the 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 can proceed as arranged.
Making arrangements for the marriage ceremony
It is important to make early arrangements for the date and time of your marriage.
If you are having a religious ceremony, go and see the minister or clergyman who is to take the service before completing the notice of marriage.
For a civil marriage make advance arrangements with the registrar. This is particularly important in towns and cities, where large numbers of people want to be married at certain times of the year.
Arrange for two persons, aged 16 years or over, to be present at your marriage to act as witnesses. They are required whether it is a religious or civil ceremony.
Be sure to let the clergyman or the registrar know if you change your plans or decide to postpone your marriage.
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 you are having a religious marriage the Marriage Schedule will be issued to you by the registrar. The Schedule cannot be issued more than seven days before the marriage and the registrar will advise you when to call. The Schedule cannot be collected on your behalf by a relative or friend - the registrar will issue it only to the prospective bride or bridegroom.
The Marriage Schedule must be produced before the marriage ceremony to the person performing the marriage.
Immediately after the ceremony the Schedule must be signed by both parties, by the person performing the marriage and by the two witnesses. Thereafter, it must be returned to the registrar within three days in order to register the marriage.
If you are having a civil marriage, a Marriage Schedule will not be issued but the registrar will have it available at the marriage ceremony for signature. Subsequently the marriage will be registered.
A fee for the civil marriage is payable to the registrar in advance.
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Marriage Certificate
After the marriage has been registered you can obtain copies of the marriage certificate from the registrar on payment of the appropriate fee.
If you live in England or Wales
As an alternative, you may give notice of marriage to the superintendent registrar in the district of England or Wales in which you reside. The person you are marrying should, however, give notice in Scotland in the usual way.
You should seek the advice of the superintendent registrar if you wish to proceed in this way. The certificate for marriage obtained from him should be sent to the Scottish registrar as quickly as possible.
If you are domiciled outside the United Kingdom
The normal procedure of giving notice to the registrar in Scotland must be followed but as previously mentioned an additional requirement is placed upon you.
If, being domiciled in a country outside the UK, you are subject to the marriage laws of that country, you should obtain if practicable a certificate issued by the competent authority (usually the civil authority) in that country to the effect that there is no impediment to your proposed marriage. If the certificate is in a language other than English, you should also produce a certified translation. In the absence of such a certificate without good reason being shown, 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 need not submit such a certificate.
If you are in any doubt about what is required, or if you require further information, you should consult the registrar.
Please note: This information gives general guidance only and should not be treated as a complete and authoritative statement of the law.
Useful links:
Divorce - Divorce Aid
Whatever your situation and wherever you are, we hope Divorce Aid will be useful to you. We feature Scottish resources and are able to personally refer you to an appropriate solicitor in your area.
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