Marrying in Scotland if you should be maybe maybe perhaps not located in Scotland

If somebody located in England or Wales intends to get hitched in Scotland to either someone resident in Scotland or someone resident in England and Wales that has a moms and dad resident in Scotland, s/he might be in a position to provide notice of wedding towards the superintendent registrar into the region of England and Wales for which s/he resides. Nonetheless, the individual s/he is marrying should give notice in Scotland when you look at the usual method.

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 require a certified english interpretation.

Marrying outside Scotland

You wish to marry elsewhere in the UK, you may need to obtain a Scottish registrar’s certificate of no impediment if you are resident in Scotland and. That is showing that there surely is no barrier that will stop you from engaged and getting married.

Should you want to marry beyond your UK, you will need to comply with what’s needed for the specific nation. All about this is often acquired from an embassy or formal agent for 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.

Wedding by proxy

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

Courts have made rulings that are different the credibility of proxy marriages. The main real question is whether or perhaps not a proxy wedding is recognised as valid in the nation where it were held plus in the nations in which you as well as your partner were 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 thought of ‘domicile’ is quite complex and will not suggest staying in a nation. To find out more you need to consult a seasoned adviser, for instance at A citizens information Bureau – where you might get advice.

Polygamous marriages

A polygamous wedding is whenever a person is eligible to marry one or more loved one. A polygamous wedding which occurs in the united kingdom just isn’t legitimate. Marriages far away where polygamy is allowed can be recognised as legitimate in Britain, so long as none regarding the partners had been domiciled in the united kingdom at the period of the wedding.

The idea of ‘domicile’ is quite complex and doesn’t suggest residing in a nation. To learn more you need to consult an adviser that is experienced as an example at A citizens guidance Bureau – where you might get advice.

Marriages that aren’t recognised as legitimate

Specific marriages are addressed just as if they never ever were held. These are called marriages that are void. They’ve been marriages that do not meet with the needs of UK legislation. An example of a void marriage is one in which the lovers might not marry as they are related. If you wish to understand whether your wedding is void, you need to look for specialist legal counsel.

Some marriages might have met certain requirements of British legislation once they were held but may be annulled then. They are called marriages that are voidable. A typical example of where a wedding is voidable is when one of many lovers failed to offer legitimate permission to the wedding due to the fact permission was handed under duress. Either partner can look for to annul the wedding however, if neither partner does, the wedding shall be legitimate. If you want to learn more about voidable marriages, it is important to look for expert advice.

Making a wedding legitimately legitimate

You can get married again by a civil ceremony if you have been married in a way that isn’t recognised as valid under UK law. This may result in the marriage legitimate in the united kingdom and fully make any children genuine underneath the legislation. It’ll make certain that claims for contributory advantages are met in complete and therefore you can get taxation allowances and concessions accessible to married people. You ought to advise the registrar for the complete facts in connection with past wedding, plus the registrar should be able to help in finishing the wedding notice.


You are already legally married or in a civil partnership, the marriage is bigamous and will be void if you marry or enter a civil partnership in the UK when. Bigamy is really a statutory offense, punishable by imprisonment, an excellent or both.


There are no restrictions that are legal avoid folks from remarrying. Anybody who is divorced or whose partner has died can marry once more in a civil ceremony.

Religions have actually various guidelines about whether you’ll remarry in a ceremony that is religious. 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 word ‘common-law wife or husband’ is normally utilized but doesn’t have legal standing. It’s a typical misunderstanding that a few could have founded a ‘common-law wedding’ after residing together for a period. There is a kind of irregular wedding called ‘marriage by cohabitation with practice and repute’ which may connect with partners that has resided together and had been regarded as hitched. In training, this is seldom utilized, and aside from really particular circumstances ended up being abolished by the Family Law (Scotland) Act 2006. Just irregular marriages founded before 4 might 2006 is likely to be recognised.

Evidence of irregular wedding

To show you must bring an action of Declarator of Marriage in the Court of Session that you are married by cohabitation with habit and repute. Details of the decree are handed down towards the registrar general, who’ll register the marriage. You will desire a solicitor.

The action for Declarator of Marriage is taken to court by either you or your lover, your young ones or anyone with an intention in demonstrating that the wedding exists, as an example to show the causes for actions of aliment or even to show inheritance liberties. You’re able to bring this action after either or both ongoing events are dead.