Marrying in Scotland if you’re perhaps perhaps maybe not residing in Scotland

If somebody surviving in England or Wales promises to get hitched in Scotland to either someone resident in Scotland or an individual resident in England and Wales who’s a moms and dad resident in Scotland, s/he may be in a position to provide notice of wedding to your superintendent registrar into the district of England and Wales in which s/he resides. Nevertheless, the individual s/he is marrying should give notice in Scotland when you look at the way that is usual.

You have not been resident for 2 years before submitting the marriage notice), you must submit with the marriage notice a certificate from your country stating that there is no known legal impediment to the marriage if you or your partner lives outside the UK (that is. Should this be extremely hard, the registrar general may provide an alternative that is acceptable. If you don’t in English, such papers desire a certified english interpretation.

Marrying outside Scotland

If you should be resident in Scotland and you intend to marry somewhere else within the UK, you may want to get yourself a Scottish registrar’s certificate of no impediment. This can be to demonstrate that there surely is no barrier that could stop you from engaged and getting married.

You will have to comply with the requirements of the particular country if you wish to marry outside the UK. All about this is often acquired from an embassy or official agent regarding the nation in the united kingdom.

You should consult an experienced adviser, for example at a Citizens Advice Bureau – where to get advice if you want information about whether or not a marriage outside the UK will be recognised in the UK.

Marriage by proxy

A married relationship by proxy is when either you or your lover, or the two of you, aren’t physically provide during the ceremony. It could be very difficult to show that a married relationship by proxy is really a legitimate wedding, both legitimately as well as for claiming advantages.

Courts are making rulings that are different the legitimacy of proxy marriages. The main real question is whether or not a proxy marriage is recognised as legitimate in the united kingdom where it were held plus in the nations where you as well as your partner had been domiciled during the time. Before you were domiciled in the UK, you will need an expert opinion about whether the marriage is recognised in the country where it took place and so whether it is valid in the UK if you entered a proxy marriage.

The idea of ‘domicile’ is extremely complex and will not indicate residing in a nation. To find out more you need to consult a seasoned adviser, for instance at a people information Bureau – where you might get advice.

Polygamous marriages

A polygamous wedding is whenever a person is eligible to marry multiple husband or wife. A marriage that is polygamous occurs in britain just isn’t legitimate. Marriages far away where polygamy is permitted could be recognised as valid in Britain, so long as none associated with partners ended up being domiciled in britain at the right time of the wedding.

The idea of ‘domicile’ is quite complex and will not indicate located in a nation. To find out more you ought to consult a skilled adviser, as an example at A residents information Bureau – where you might get advice.

Marriages that are not recognised as legitimate

Particular marriages are addressed as though they never happened. They are called marriages that are void. They have been marriages that do not meet up with the demands of British legislation. A typical example of a marriage that is void one where in fact the lovers may well not marry as they are associated. If you want to understand whether your wedding is void, you will have to seek specialist legal services.

Some marriages could have met certain requirements of British legislation if they were held but may be annulled then. They are called marriages that are voidable. A good example of where a wedding is voidable is where one of several lovers failed to provide consent that is valid the wedding as the permission was handed under duress. Either partner can seek to annul the wedding however, if neither partner does, the wedding will be legitimate. You will need to seek specialist advice if you need to know more about voidable marriages.

Making a married relationship lawfully legitimate

For those who have been hitched in a manner that is not recognised as legitimate under British legislation, you will get hitched once again with a civil ceremony. This can result in the marriage legitimate in the united kingdom and fully make any children genuine underneath the law. It will probably make sure that claims for contributory advantages are met in complete and therefore you could get taxation allowances and concessions offered to couples that are married. You really need to advise the registrar associated with complete facts in connection with marriage that is previous in addition to registrar should be able to help out with finishing the wedding notice.


In the event that you marry or enter a civil partnership in the united kingdom if you are currently lawfully hitched or in a civil partnership, the wedding is bigamous and you will be void. Bigamy is a statutory offense, punishable by imprisonment, an excellent or both.


There are not any appropriate restrictions to avoid folks from remarrying. Anybody who is divorced or whoever partner has died can marry once more in a ceremony that is civil.

Religions have actually various guidelines about whether it is possible to remarry in a spiritual ceremony. You will need to check with an official of the relevant religion if you have been married before and want to marry again using a religious ceremony.

Irregular marriages

The definition of ‘common-law wife or husband’ is actually utilized but does not have any standing that is legal. It’s a typical misunderstanding that a few could have founded a ‘common-law marriage’ after living together for some time. There is a kind of irregular marriage called ‘marriage by cohabitation with practice and repute’ which may connect with partners that has resided together and had been considered to be hitched. In training, this is hardly ever utilized, and with the exception of really specific circumstances ended up being abolished by the Family Law (Scotland) Act 2006. Just irregular marriages founded before 4 might 2006 will likely be recognised.

Evidence of irregular wedding

To show that you will be married by cohabitation with practice and repute, you need to bring an action of Declarator of Marriage into the Court of Session. Information on the decree are handed down to your registrar general, who can register the wedding. You shall require a solicitor.

The action for Declarator of Marriage can be taken to court by either you or your spouse, your kids or anybody with an intention in showing that the wedding exists, for instance to show the lands for actions of aliment or even show inheritance rights. You can easily bring this course of action after either or both events are dead.