wedding legal requirements

The Procedures - Civil ceremonies - Religious ceremonies - Humanist ceremonies - The Civil Partnership Act - Weddings in Church - Hotels & reception venues - Weddings elsewhere - Changing your name - Immigration Law

Scotland has no residential requirements. Any two people, regardless of where they live, may marry in Scotland provided that:

• Both persons are at least 16 years of age on the date of their marriage
• They are not related to each other in any way, which would prevent their marriage.
• They are not married. (Any person who has previously been married must produce evidence that the previous marriage has been ended by death, divorce or annulment.)
• They are not of the same sex.
• They are capable of understanding the nature of the marriage ceremony and of consenting to the marriage.
• The marriage would be regarded as legal in any foreign country to which either party belongs
• The ceremony requires both parties to make a declaration before two witnesses that they know of no reason why they should not be married and that they accept each other as husband and wife to the exclusion of all others.
• The witnesses must be over 16 years of age and be capable of fully understanding the proceedings.

The Procedures

The wedding vows must be made before a registrar or a minister of religion licensed to perform marriages. The starting point is the same for a religious or registry office wedding. Although everything can be done by post either the Bride or Groom must attend the registrar's office before the date of the wedding to finalise the arrangements with the registrar.

• If you or your fiancé lives outside the UK you will need to provide additional documentation, details of which can be obtained from the registrar.
• You both complete separate Marriage Notices. These have to be submitted to the registrar of the district in which you wish to marry. This can be up to three months before the date of the ceremony but must be done at least 15 days before the wedding. It's a good idea to leave a bit more time - say about four weeks. If either of you has been married before, or if there is any possible complication, give it a bit longer - at least six weeks before the date of the ceremony.
• You need to show your birth certificates and all certificates regarding previous marriages (Decree of Divorce or Death Certificate).
• A Marriage Schedule is then drawn up.

* For those having a civil ceremony the registrar will hold the document until the ceremony.

* For those having a religious ceremony you must collect the marriage schedule in person and give it to the clergyman before the wedding.
Afterwards, the completed schedule MUST be returned to the Registry Office within three days of the ceremony in order that your marriage can be registered - so remember to arrange this with someone responsible.

Civil Ceremonies

A civil ceremony can be conducted at a registrar'soffice or licensed venue.

**For the SWD list of venues, click here.**

This is a new law and not every venue specialising in weddings has a licence.
For a list of Registrar's Offices, see The General Registrar's Website

Below are council owned venues which can host a civil ceremony, as they are, technically, Registrar's Offices, with facilities for a reception.

Chatelherault: A unique manor house in South Lanarkshire which can host a ceremony and reception. Tel: 01698 426213

Colzium House: An 18th Century manor house, Colzium is part of its own estate in Kilsyth and can host a civil ceremony and reception. The restored walled garden has been used for TV programmes! Tel: 01236 823281 (The Forth and Clyde Canal has been fully restored in this area and there is a regular canal boat in the summer months.)

Callendar House in Callendar Park, Falkirk, is an impressive architecutral landmark with sweeping staircases inside and out - a popular spot for weddings! Tel: 01324 503770 or visit the Falkirk Council Website.

Eastwood House: A 19th Century mansion surrounded by landscaped parkland on the outskirts of Glasgow. Receptions and ceremonies are catered for. Tel: 0141 577 3121

Registrar's Offices are listed in the business section of your telephone directory under "Registration of Births, Marriages and Deaths". The
office of the Registrar General for Scotland (0131 334 0380) is very helpful.

Religious Ceremonies

A licensed clergyman can marry a couple anywhere provided there are two witnesses and the Marriage Schedule is in order. A Roman Catholic ceremony must take place within the Cathedral, Church or Chapel. The reformed churches allow clergymen a degree of freedom in respect of the marriage of divorced or interfaith couples, and will leave the location of the ceremony up to the individual minister's discretion. Some believe marriage should take place within the church building, other ministers will travel to an outside location.

There are many churches in Scotland, the following is a rough guide to a few of the reformed churches who are licenced to marry people.

www.churchofscotland.org.uk - The official site for The Church of Scotland. See the 'serving Scotland' link for ministers and parishes.

www.urc.org.uk - The United Reform Church have branches throughout Scotland.

www.ufcos.org.uk - The United Free Church of Scotland are Presbyterian and Evangelical.

www.unitarian.org.uk - The Unitarians are a libertarian Christian movement who encourage freedom of thought.

Humanist Ceremonies

You can now be legally married in Scotland by authorised celebrants of the Humanist Society of Scotland, and the marriage will have the same legal standing as a religious or civil wedding. Members of the Humanist Society believe people can lead good lives guided by compassion and reason rather than religion or superstition – a Humanist ceremony does not mention God, focusing instead on love and commitment.

The ceremony must be conducted by a celebrant of the Humanist Society of Scotland who has been authorised by the Registrar General for Scotland, in other words it is not the case that any Humanist celebrant can perform the ceremony. The first Humanist wedding in the UK took place in June 2005, and in 2007 there were 657 Scottish Humanist weddings. The Society now has 42 fully trained registered celebrants performing weddings throughout the country, with many couples travelling to Scotland specifically to be legally married in a Humanist ceremony. You can now search for a Humanist celebrant by postcode on the Society's website: http://www.humanism-scotland.org.uk/find-a-celebrant/search.html Many celebrants have profiles and photographs online too.

Where can we have a humanist wedding?

The ethos behind a humanist wedding is all about adapting the ceremony to what feels appropriate for the couple, and therefore can take place anywhere the couple chooses, whether that’s indoors or outdoors. You can even have your humanist ceremony in a church, provided you have the Minister's consent.

Format and wording

With the help of a humanist celebrant, you can structure and write your own vows. Each humanist wedding ceremony is unique, personal to the couple and flexible in that it allows couples to declare everything they feel for one another in a way that feels comfortable for them and appropriate for their audience. You are free to make all the important decisions about readings, music and structure.

Contacts: The Humanist Society for Scotland Tel: 07010 714778
www.humanism-scotland.org.uk

The Civil Partnership act

The new law

The Civil Partnership Act came into force on 05 December 2005, allowing two people of the same sex to register with the State as civil partners. After years of campaigning by gay rights groups, the first ceremonies took place on 21 December 2005, giving both partners legal rights and responsibilities in areas such as inheritance, adoption, property, taxation and joint state pension benefits. It also means registered same-sex couples can name each other as their next of kin.

The civil partnership ceremony is performed by a registrar, it is non-religious (although you could have a religious blessing afterwards if the church agrees) and perceived as a type of civil ceremony for same-sex couples. It involves both partners signing a civil partnership document. Although the law doesn't set out a universally prescribed form that the registration should take, the Registrar General has laid out a suggested format for a ceremony as guidance for local registrars. You can actually register your civil partnership without a ceremony, but if you would like one it’s best to discuss the possible format and wording with the district registrar.

Where do civil partnership ceremonies take place?

Civil partnership ceremonies can take place at a registry office or at any other place upon which they and the local registration authority (ie the local council) agree. The only stipulation is that the place must not be what is seen as ‘religious premises’, in other words a place used for religious purposes, or a place that has been used in this way that has not subsequently been used for other purposes. To avoid problems, discuss your venue choice with the registrar for the district you want to register your partnership in.

Documents

If one or both partners live outside Scotland, you can still have the ceremony here, provided the necessary paperwork is completed. Even if you do live in Scotland you will need to ensure the relevant documents (including your Civil Partnership Notice Forms) are submitted. Full details of the documents you need are available from the General Register Office for Scotland. You hand them in to the registrar closest to your ceremony location. Just like a traditional marriage, you need to submit the Notice Forms during the four-six week period before the registration and no later than 15 clear days before the registration itself. After the ceremony you will receive a registration certificate.

Contacts:
www.gayweddingscotland.co.uk
Stonewall gay rights campaign www.stonewall.org.uk

Weddings in Church

Churches are happy to welcome couples into the fellowship of God's people with the expectation that you appreciate the significance of a religious marriage. This implies recognition of Almighty God as sovereign over all life and seeking His blessing on your life together. The clergyman will explain the ceremony and guide you through the arrangements, helping to choose appropriate hymns and music. You may like to select readings which are special to you and perhaps have members of the family or friends to read them.

Costs: Clergymen want to be as welcoming as possible and never turn anyone away on financial grounds. However, they can sometimes be left feeling exploited. The fee for the issue of the Marriage Schedules and Certificate is currently £32.00. If you aren't being married in your home church, you will be expected to pay for the use of the church. The awkward question "how much?" is made easier where the church has a set scale of fees. Even in your own church or chapel you should look to give a donation to the church and an honorarium to the minister or priest. We suggest for the church, organist etc. from £150 - £250. As an honorarium to the celebrant we would think of perhaps £50 - more if travel is involved.
Budget cost £250.

To find out more about a traditional wedding ceremony as conducted in a Church of Scotland church, there is a booklet (priced £1.50) which outlines the service and the vows, and discusses matters like music and videos, is available from the Office for Worship, Church of Scotland Offices, 121 George Street, Edinburgh EH2 4YN; tel: 0131-240 2233; E-mail: swilson@cofscotland.org.uk.
The Church of Scotland have a directory of all it's ministers on it's website.

Hotels & reception venues.

A popular alternative to being married in church or a registry office is to have a religious ceremony in the hotel or reception suite. Some hotels have private chapels or rooms where the ceremony can take place apart from the reception. Many will be able to identify a local minister.
**See our venues gazetteer for a list of venues**
Costs: If you are introduced to the clergyman through an intermediary, or perhaps all the arrangements are made by the hotel, the cost will be open and up front. There may be additional charges for setting space at the hotel and the staff time involved, but the minister will be a separate donation (honorarium). Budget for around £150-£200.

Weddings elsewhere

If you are thinking of an unusual place to be married, it's possible to have a religious or civil ceremony there. For a civil ceremony, simply apply to the district registrar for a temporary civil licence, valid for the day of the wedding at your chosen place. The designated area must be described accurately on the forms; the registrar can help with this.
A religious ceremony simply needs a celebrant who is willing to marry you at your chosen spot.
The castles and romantic ruins are very popular. Boats must stop their engines or be moored (and no, the captain can't marry you!).
Costs: For a clergyman to climb a mountain to indulge your wedding ideal is beyond the call of duty, and we would suggest that a substantial honorarium would be appropriate.

Changing your name

When you get married, you will probably take your husband's name, although some brides, particularly in the professions, continue to use their maiden name. The American practice among celebrities of adding their husband's surname name to their own with a hyphen hasn't caught on in this country. If you are going to adopt your husband's name you will need to change a number of records and documents.

These include:

• Bank/Building Society Accounts
• Car Registration & Insurance
• Passport*
• Credit Cards*
• Doctor & Dentist
• Driving Licence
• Employment Records.
• Insurance Policies
• Memberships & Subscriptions
• Social Security.
• Credit/Bank
  Cards may be more acceptable if they are in the same name as your passport.
• Passports.
  You can apply for a new 10 year passport in your married name or have your existing passport reissued until its present expiry date. Allow up to four weeks for the new passport to be issued. With your application you will have to surrender your existing passport. Remember that airline tickets must normally be in the same name as your passport.

* Make sure your `plastic' will be valid on your honeymoon

Immigration Law

Since 01 February 2005, if you are visiting the UK to be married and are a citizen of a country that is not a member of the European Economic Area, you will need to apply for a marriage visit visa before you travel. If you do not get a visa the registrar will not be able to accept your notice of marriage and therefore you will not be able to marry in the UK. Obtaining a visa for this purpose should be straightforward.

If you are already in the UK, and you are a citizen of a country that is not a member of the European Economic Area, you will need the approval of the Home Secretary to be married here. This will be provided in the form of a certificate of approval. Bear in mind that the certificate will only be valid for a limited time period. The same requirements will apply to those wishing to register their civil partnership. 

Contacts

For more information visit www.ukvisas.gov.uk/guidance Or call the Immigration and Nationality Enquiry Bureau on 0870 606 7766

For a more in depth guide to the administration and a directory local registrars, see the government's website at www.gro-scotland.gov.uk