Legal Requirements to Get Married in Scotland (2026 Update)

Legal Requirements to Get Married in Scotland (2026 Update)

Scotland is one of the most popular destinations in the world for couples who want a legal yet beautifully personalised wedding — whether that’s a traditional city ceremony, a cosy registry office celebration, or an intimate elopement in the Highlands. But before you choose your location and date, it’s essential to understand the legal requirements that make your marriage valid under Scottish law.

This guide breaks everything down clearly (and includes recent updates to the law that may affect you in 2026).

Who Can Get Married in Scotland

Scotland has relatively open eligibility for marriage — whether you live in the UK or overseas. To be legally married in Scotland:

✔ You must both be at least 16 years old on the day of the wedding.
✔ You must both be unmarried and not in a civil partnership.
✔ You must both be capable of understanding the nature of the marriage and consenting to it.
✔ You cannot be related in a way that legally prevents you from marrying.

💡 Important 2026 update: The Scottish Government is consulting on raising the minimum age for marriage and civil partnerships from 16 to 18 — aligning Scotland with England and Wales. This change is under consideration to strengthen protections against forced or coerced marriages, and details may be updated later in 2026 once the consultation concludes.

Notice of Marriage: What You Must Do First

Before you can legally marry, you and your partner must submit marriage notice forms to the registrar in the area where your ceremony will take place.

Here’s how it works:

📅 You must submit your notice no earlier than 3 months before your wedding date,
📅 and no later than 29 days before your wedding.

Both partners must complete their own notice (M10 form), and supporting documents — such as passports, birth certificates, and proof of address — must be provided with the forms.

If either of you has been married before, you’ll also need to provide divorce documentation or your former spouse’s death certificate, as applicable.

Marriage Schedule: Your Legal Licence to Marry

Once your notice is processed and approved, the registrar will prepare a marriage schedule — a legal document that acts as your licence to marry. You cannot get legally married without it.

📌 For civil ceremonies (with a registrar): the registrar will hold the schedule until the day of your wedding.
📌 For religious or celebrant ceremonies (such as many elopement ceremonies): you must collect the schedule in person. This must be done no more than 7 days before your wedding date, and at least 29 days after your notice was submitted.

At the end of your ceremony, the schedule is signed by you, your partner, two witnesses aged 16 or over, and the person conducting the ceremony. This final step legally registers your marriage.

Who Can Conduct the Ceremony

Scotland allows a range of options for legally conducting your marriage:

Civil Ceremony:
An authorised registrar or assistant registrar appointed by the Registrar General must perform the ceremony.

Religious or Belief Ceremony:
You may choose a religious or belief celebrant — including humanist, spiritual, or faith-based officiants — as long as they are authorised by National Records of Scotland.

This flexibility makes Scotland especially appealing for couples seeking a meaningful elopement with a personalised style.

What Must Happen in the Ceremony

Scotland does not prescribe exact wedding vows, but every legal marriage must include two formal declarations: one by each partner and one by the person officiating. These must take place in front of two witnesses (aged 16 or over).

Language isn’t restricted to English — your wedding could be conducted in Gaelic, Scots, British Sign Language, or another language, provided everyone understands what’s being said.

No Residency Required — A Benefit for Eloping Couples

Unlike some countries, there’s no residency requirement in Scotland to marry there. That means you can plan an elopement in Edinburgh, the Isle of Skye, or the Highlands even if you live abroad. You simply need to submit notice and complete the legal process with the registrar where the wedding will take place.

Tips When Planning Your Legal Scottish Ceremony

💡 Plan early: Because notice must be submitted 29+ days before your wedding, give yourself plenty of time to gather documents and plan travel.

💡 Double-check documents: If you’re a foreign national, some countries require a Certificate of No Impediment or translations for non-English documents.

💡 Choose your officiant wisely: Whether it’s a registrar, an approved celebrant, or someone meaningful to you, make sure they’re legally recognised for your ceremony type.

How The Scottish Elopement Service Can Help

Navigating legal requirements — especially if you’re planning an elopement from abroad — can feel overwhelming. That’s exactly where The Scottish Elopement Service shines.

We support couples by:

✨ Helping you understand and complete legal paperwork
✨ Guiding you to find the right registrar or celebrant
✨ Advising on timelines, documentary requirements, and signatures
✨ Coordinating everything so you can focus on your dream elopement

Whether you envision a ceremony in a castle, on a loch edge, or atop a mountain at sunrise, we ensure your day is not just beautiful, but legally perfect too.

Final Thoughts

Getting legally married in Scotland is straightforward — but every step counts, and the laws are evolving. Understanding the legal requirements will give you peace of mind and allow you to focus on what’s truly important: your love and your connection.

If you’re ready to plan your Scottish wedding and want expert support through the legal side of things, reach out to The Scottish Elopement Service — we’d love to make your vision a reality.