Marrying in Scotland if you should be maybe maybe not surviving in Scotland

If somebody surviving in England or Wales promises to get hitched in Scotland to either someone resident in Scotland or an individual resident in England and Wales who’s got a moms and dad resident in Scotland, s/he might be able to offer notice of wedding towards the superintendent registrar when you look at the region of England and Wales in which s/he resides. Nevertheless, anyone s/he is marrying should give notice in Scotland within the way that is usual.

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 can offer an alternative that is acceptable. Or even in English, such papers require A english that is certified 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. This will be to exhibit that there surely is no obstacle that could stop you from engaged and getting married.

You will have to comply with the requirements of the particular country if you wish to marry outside the UK. All about this is often acquired from an embassy or formal agent associated with 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 wedding by proxy is when either you or your spouse, or the two of you, aren’t actually provide at the ceremony. It might be very difficult to show that a wedding by proxy is just a marriage that is valid both legally as well as for claiming advantages.

Courts have made various rulings on the legitimacy of proxy marriages. The main real question is whether or otherwise not a proxy wedding is recognised as legitimate in the united states where it were held as well as in the nations for which you along with your partner had been domiciled at that 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 extremely complex and will not necessarily mean staying in a nation. To find out more you need to consult a skilled adviser, for instance at a people information Bureau – where you might get advice.

Polygamous marriages

A marriage that is polygamous whenever a person is eligible to marry several loved one. A polygamous marriage which occurs in britain isn’t legitimate. Marriages far away where polygamy is permitted might be recognised as legitimate in Britain, provided none associated with partners ended up being domiciled in the united kingdom at the period of the wedding.

The thought of ‘domicile’ is quite complex and will not suggest residing in a nation. To learn more you really need to consult a seasoned adviser, as an example at a people guidance Bureau – where you’ll get advice.

Marriages that aren’t recognised as legitimate

Particular marriages are treated as though they never ever occurred. They are called marriages that are void. These are generally marriages that do not meet up with the needs of British legislation. A good example of a marriage that is void one where in actuality the lovers may well not marry since they’re associated. You will need to seek specialist legal advice if you need to know whether your marriage is void.

Some marriages could have met certain requirements of British law once they were held but may be annulled then. They are called voidable marriages. A good example of where a wedding is voidable is where one of many lovers failed to offer consent that is valid the marriage as the 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 wish to learn more about voidable marriages, you need to look for professional advice.

Making a wedding lawfully 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 can result in the marriage valid in britain and fully make any children genuine underneath the legislation. It will probably make certain that claims for contributory benefits are met in complete and that you could get taxation allowances and concessions accessible to married people. You ought to advise the registrar regarding the complete facts concerning the past marriage, as well as 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 just a statutory offense, punishable by imprisonment, an excellent or both.


There are not any restrictions that are legal avoid individuals from remarrying. Whoever is divorced or whoever partner has died can marry once more in a ceremony that is civil.

Religions have various guidelines about whether you are able to 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 definition of ‘common-law spouse’ is actually utilized but does not have any appropriate standing. It’s a typical misunderstanding that a few may have founded a ‘common-law wedding’ after residing together for some time. There clearly was a kind of irregular wedding called ‘marriage by cohabitation with practice and repute’ which may affect partners that has resided together and had been considered to be hitched. In training, this is hardly ever utilized, and aside from really circumstances that are particular abolished by the Family Law (Scotland) Act 2006. Just irregular marriages founded before 4 might 2006 will likely to be recognised.

Evidence of irregular wedding

To show that you will be hitched by cohabitation with practice and repute, you have to bring an action of Declarator of Marriage within the Court of Session. Information on the decree are handed down towards the registrar general, that will register the wedding. You shall desire a solicitor.

The action for Declarator of Marriage are delivered to court by either you or your spouse, your kids or anyone with an intention in appearing that the marriage exists, for instance to show the lands for actions of aliment or even to show inheritance liberties. You’re able to bring this course of action after either or both events are dead.