Legal requirements for marriage in scotland
"Legal Requirements
Both parties must be at least 16 years old and not related too closely - some of the less obvious prohibitions include aunt, uncle, niece, nephew.
They must be unmarried at the time of the wedding or produce documentary evidence that earlier marriages have ended by death, divorce or annulment.
The couple must not be of the same sex.
Check that a marriage in Scotland is valid in the country where you live. Most countries do accept Scottish marriages (including those where the parties are aged 16 or 17, even if they are not allowed in the country of domicile).
The parties must be capable of understanding the nature of a marriage ceremony and of consenting to marry.
Form M10 (see links below) giving notice of marriage, the requisite documentation (see point 7 below) and the fee must be sent to the Registrar for the district where the marriage is to take place. It is often helpful to telephone the Registrar before completing these forms. Normally the notices should be sent four weeks before the intended date (longer if checking of divorce papers etc is required). The minimum period is 15 days before the wedding but if there are any technical problems which need to be resolved, the marriage may not take place on the planned date. You cannot submit the M10 form more than three months in advance. However, most Registrars will accept a provisional booking date well ahead of the date - but the forms must still be submitted in the proper timescales.
All documentation should be submitted to the Registrar either in person or by post (not e-mail) after it has been signed by both parties. It will include original birth certificates, certificates of final divorce or previous spouse's death certificate (if applicable). If you live outside of the UK you will be required to produce a "certificate of no impediment" from a competent authority in your home country. If this document is not in English, you must supply a certified translation.
Although it is not necessary for the couple to go to the Registrar in person before the wedding, one person must attend personally in the seven days prior to the wedding (the wedding day does not count here). If you are having a religious ceremony (see below) the Registrar will issue the Marriage Schedule at this time.
If one of the people getting married lives in Scotland and the other in England and Wales, the notice can be given by the latter person to the Superintendent Registrar in the district in which they reside. After 21 days, they will issue a certificate of marriage - which must be sent to the Scottish Registrar.
Scotland is the only country in the UK where there is no residency requirement before you can get married. But see also point 8 above.
You will require two witnesses, both over age 16, to be at the wedding and sign the documentation afterwards"
Incase anyone is in any doubt
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