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Getting married in the Highlands
Getting married in the Highlands
Useful contacts
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General register office for Scotland
The general register office for Scotland provide legal advice and informationm on getting married in Scotland


Legal Requirements


A basic outline of the current law is given below. Full details and answers to any queries you may have can be obtained from the General Register Office for Scotland.

The Essential Requirements

  • Prior residence in Scotland is not a pre-requisite to marriage.
  • The minimum age of both parties must be at least 16.
  • Both parties must be free to marry (i.e. any previous marriage must have been terminated by divorce, death or annulment).
  • They must not be related to each other in any way that may impede them from marrying. Details of forbidden degrees of relationship are listed in the leaflet RM1 (Marriage in Scotland) that is available from any registrar of births, deaths and marriages in Scotland or from the General Register Office for Scotland in Edinburgh.
  • Both parties must be capable of understanding the nature of the ceremony and of giving free consent.
  • The marriage would be regarded as valid in any foreign country to which either party belongs.

Documentation
Before a couple can marry, there are a number of items of paperwork that need to be completed.

The Marriage Notice
Both parties must submit a marriage notice along with the appropriate fee to the registrar for the district in which the marriage is to take place. Marriage notice forms are available from any local registrar in Scotland or from the General Register Office for Scotland in Edinburgh where one can also download a copy of the form. They must be submitted a minimum of 15 days and a maximum of three months before the ceremony, although four weeks is the recommended period (or six weeks if either party has been married before).

Along with the forms, the registrar must also be supplied with the following documents:

  • Birth certificates.
  • Divorce certificates (where relevant). A decree of divorce granted outwith Scotland must be absolute or final - a decree nisi is not acceptable.
  • Death certificate of the former spouse if either party is a widow or widower.
  • Certificate issued by a competent authority of the country of residence (usually the civil authority) if either party is a national of a country other than the UK to the effect that there is no impediment to the proposed marriage. This certificate is not necessary if the party has been resident in the UK for two years.
  • Certified translation of the any documents in a language other than English.

The Marriage Schedule
The registrar will check all documentation to be satisfied that the parties are free to marry and then will prepare the marriage schedule. In the case of a civil wedding, the registrar retains the schedule until the date of the wedding. However, if a religious marriage is intended, the schedule is issued to the parties, one or other of who must collect it in person not more than seven days before the wedding.

The schedule must be produced before the ceremony for the person performing the marriage who is then required to sign it with the couple and two witnesses over the age of 16. The registrar then retains the schedule or must have it returned to them within three days so that they can register the marriage. Where one of the parties lives in England or Wales and the other in Scotland, the former, if she or he wishes, may apply to the English or Welsh Superintendent Registrar for a certificate which the Scottish registrar will accept in lieu of notice - this certificate should then be forwarded to them as soon as possible.

A Final Word
It is important to make arrangements for the date and time of the ceremony either with the registrar or the minister as early as possible, particularly if you wish to get married on dates such as St Valentine's Day or Christmas Eve, both of which are very popular.

 
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