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Legal Requirements


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Legal Requirements

Last updated | 31/10/2011

You can be married either by:

A Religious Ceremony

A religious ceremony may be solemnised by a minister, clergyman, priest or any other person entitled under the Marriage (Scotland) Act 1977.

or

A Civil Ceremony

This may take place in either in a Registration Office or at an approved venue and may be performed by an authorised Registrar or Assistant Registrar (who may also have the title of Marriage Officer) who has been specifically appointed by the Registrar General.

Giving Notice of your Marriage

Both of you must complete and submit Marriage Notice forms, along with the required documents and appropriate fees, to the Registrar for the district in which the marriage is to take place.  The signing of the Marriage Notice is, in effect, a declaration that the particulars and information given on the Notice are correct.

Marriage Notice forms and information regarding fees may be obtained form any Registrar of Births, Deaths and Marriages in Scotland or you can download Marriage Notices from http://www.gro-scotland.gov.uk/

The Notices must be submitted early enough to enable the Registrar to ensure that you are both free to marry each other.  Normally, Notices should be submitted to the Registrar about six to eight weeks before the date of marriage.  The minimum period is 14 clear days before the date of your marriage.

Only in exceptional circumstances will the Registrar General authorise a marriage to take place if 14 clear days' notice has not been given.

Marriage Notice forms are valid for 3 months from the date they are received. 

It is not necessary for both of you to attend personally at the Registrar's office to submit Marriage Notices, but at least one of you must contact the Registrar before the date of the marriage to finalise arrangements and any further information required before the marriage can proceed.

Documents to be Produced when Submitting Marriage Notices

  • Birth Certificate of each party.
  • If either of you are widowed - the death certificate of former spouse.
  • If either of you was previously married and the marriage was terminated by divorce or annulment, a certified copy decree.  A decree of divorce granted outwith Scotland must be absolute and final, a decree nisi is not acceptable.
  • For divorces from some countries a foreign divorce questionnaire may be required.
  • A certificate of no impediment to marriage or some like certificate issued by a competent authority in a foreign country, if the person giving notice is domiciled outisde the United Kingdom and has resided in the United Kingdom for less than two years.
  • Any documents in a language other than English must be accompanied by a certified translation in English.
  • Passport (if available)

If you are subject to immigration controls please visit http://www.gro-scotland.gov.uk/regscot/getting-married-in-scotland/i-want-to-get-married-in-scotland-how-do-i-go-about-it.html for further information.

The Marriage Schedule

The Marriage Schedule is a very important document.  It is, in effect, authority for the marriage to go ahead, and no marriage can proceed without it.  When the Registrar is satisfied that there is no legal impediment to the marriage, a Marriage Schedule will be prepared. 

If the marriage is a civil ceremony, the Registrar will have the Schedule at the marriage ceremony for signature. 

If a religious marriage, one of the parties to the marriage must call at the Registration Office within seven days of the marriage to collect the Schedule, as it cannot be given to anyone other than the bride and groom.  The signed schedule must be returned to the Registration Office within 3 days of the ceremony.

After the marriage ceremony, the Registrar will register the marriage and produce a marriage certificate which will be sent to you. 

For further information please contact the Registration Service in Perth on 01738 475121 or by email at perth-registrars@pkc.gov.uk