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F A Q's

(The information provided here is taken in part from the General Register for Scotland website and from various files and forms that can be downloaded from that website, these are guide lines only and all relevant information should be checked by the registrar prior to the wedding to ensure that you meet the legal requirements)

Q.	Who can be Married in Scotland
A.	Any two persons, regardless of where they live, may marry in Scotland provided that: both persons are at least 16 years of age on the day of their marriage. they are not related to one another in a way which would prevent their marrying (see the list at the end of this leaflet). 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 marrying. the marriage would be regarded as valid in any foreign country to which either party belongs.
Q.	How and when do I give notice
A.	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 satisfy himself that you are free to marry one another. Normally notices should be in his hands about FOUR weeks before the marriage but if either of you has been married before, the notices should be with the registrar SIX weeks beforehand. The minimum period is 15 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. Although you need not both attend personally at the registrar's office to hand in your marriage notice, at least one of you must attend there personally before the date of the marriage. This 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 by the General Register Office for Scotland.
Q.	What am I required to do if I live in England or Wales
A.	As an alternative to the normal procedure of giving notice to a registrar in Scotland, if you intend to marry 1. a person residing in Scotland, or 2. a person residing in England or Wales who has a parent residing in Scotland, you may instead 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. You should send the certificate for marriage obtained from him to the Scottish registrar as quickly as possible.
Q.	I live outside the United Kingdom what notice is required
A.	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) 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.
Q.	I want to organise a "surprise" wedding for my partner. Is this possible?
A.	No. By law both parties to a marriage are required to submit marriage notice forms to the registrar of the district in which the marriage is to take place. This means that both parties must be aware of this and independently complete and sign the declaration on form M10 to the effect that the information given is correct. Failure to give proper notice can result in a marriage being postponed or prevented from proceeding.
Q.	What form does a marriage ceremony take in Scotland?
A. 1. 2.	There is no legally prescribed form of words to be used in relation to 'marriage vows' in Scotland. Registrars are more than happy to confirm in advance the form of words to be used during the ceremony. In a religious marriage ceremony, the approved celebrant must not solemnise a marriage except in accordance with a form of ceremony which includes and is no way inconsistent with 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 a declaration by the celebrant, after the foregoing declaration, that the parties are then husband and wife.
Q.	We would like a family friend to solemnise our marriage. Is this possible?
A.	In Scotland a religious marriage may be solemnised only by a minister, clergyman, pastor, priest or other person entitled to do so under the Marriage (Scotland) Act 1977. If it is a religious marriage you are planning and your family friend is not already authorised to act as a celebrant, the Registrar General can grant a temporary authorisation for a particular marriage. A temporary authorisation can only be granted to someone who is affiliated to a religious body and who is supported by office bearers of that body to conduct a marriage ceremony on its behalf. Please note that an application for a temporary authorisation cannot be considered any earlier than 3 months before the date of a proposed marriage. Anyone applying for a temporary authorisation should forward the following information on the first occasion they apply to Marriage Section at New Register House. Contact details for this application can be found on the General Register Office for Scotland website.
Q.	Do we have to marry in a registrars office..... Civil Marriages in Approved Places
A.	The simple answer is NO you do not need to have your civil ceremony in a registers office but there are conditions set out by law as to where and how you can have a ceremony and these conditions are covered on various information sheets which are also available to download from the General Registers Office for Scotland website for you to look over and we will be on hand to help and arrange all the nessesary details for you.
Q.	What Documents am I required to produce for the registrar
A.	When giving or sending the marriage notice forms to the registrar each of you must supply the following: Your birth certificates. 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 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. If you are related in any way there there could be problems in arranging the marriage, please look at the list below. DEGREES OF RELATIONSHIP WITHIN WHICH MARRIAGE IS UNLAWFUL 1. Relationships by consanguinity A man may not marry his: Mother Daughter Grandmother Granddaughter Sister Aunt Niece Great-grandmother Great-granddaughter A woman may not marry her: Father Son Grandfather Grandson Brother Uncle Nephew Great-grandfather Great-grandson 2. Relationships by affinity a. Except in the circumstances explained in note (a) below - A man may not marry his: Former wife's daughter or granddaughter Father's or grandfather's former wife A woman may not marry her: Former husband's son or grandson Mother's or grandmother's former husband b. Except in the circumstances explained in note (b) below- A man may not marry his: Former wife's mother Son's former wife A woman may not marry her: Former husband's father Daughter's former husband 3.Relationships by adoption A man may not marry his: Adoptive mother or former adotive mother Adopted daughter or former adopted daughter A woman may not marry her: Adoptive father or former adoptive father Adopted son or former adopted son Notes: (a) Parties related within the degrees listed at 2a must be 21 years of age or over at the time of the marriage and the younger party must not, before his or her 18th birthday, have lived in the same household as the other party and been treated by that person as a child of the family. (b) Parties related within the degrees listed at 2b must be 21 years of age or over at the time of the marriage and the family members involved in creating the in-law relationship must both be dead, eg for a man to marry his daughter-in-law, both his son and his son's mother (ususally but not always his wife) would require to be dead.

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