The legalities of getting married in Scotland are such that both parties to the marriage must complete and sign paperwork for the registrar at least 15 days before the wedding so that the powers that be can check that everything is above board. This means that it is impossible to arrange it all in secret and spring it on an unsuspecting partner.
In other words, the
'lets go for a walk on the beach...oh look, who is this...oh it's Janet - a Humanist celebrant who just happens to be here, how do you fancy getting hitched right now??'
scenario is not an option - romantic though it may be!
Getting married in Scotland
So how does the legal part of getting married work then? The following applies only in Scotland, it will be different for other countries within the UK.
Firstly, a marriage in Scotland is conducted between a male and a female who are over 16 years of age. There is a whole other set of rules for couples wanting to have a same sex Civil Partnership ceremony and at present these can only be conducted by a registrar.
The Paperwork
The paperwork for the marriage ceremony is the same whether you are being married by a minister of religion, a Humanist celebrant, a registrar or indeed any other celebrant who is authorised to conduct legally binding wedding ceremonies in Scotland.
Between three months and fifteen days before the date of the wedding, both parties to the marriage must complete a form each called a Marriage Notice (M10). This gives notice of your intention to marry each other and asks for your personal details, parents details, details of date and venue for the wedding along with details of the person who is to 'solemnise' the marriage. This form can be collected from the registrar or can be downloaded from the website of the
General Register Office of Scotland.
There are notes that can be downloaded too to help you fill it out. You will need to provide your birth certificate and, if applicable:
- Divorce/dissolution or annulment documents if either of you has been married or in a civil partnership before
- Death certificate if either of you is a widow or widower
- If either of you is not a UK citizen, there is additional paperwork to complete. You must speak to the registrar if this is the case and ask what documents you are required to produce.
The earliest that you can submit the M10 forms is three months before the wedding and my advice is to do it as soon as you can so that it is one less thing to think about as the wedding gets closer. This is especially true if you have a lot of paperwork to produce e.g if you are coming from abroad.
The latest that you can submit the M10's is 15 days prior to the wedding date and it is a good idea to phone the registrar before you send them just to let them know that they are on their way.
Submitting your paperwork
The M10 forms and the appropriate fee must be submitted to the registrar in the district in which the wedding is taking place. This can be done by post but to be on the safe side, make sure and send it all by registered post so that you can be sure that it will get to its destination.
As far as registration districts are concerned, Scotland is divided up into several regions. There may be several district offices within that registration district. For instance, Elgin is within the Moray registration district and there are four offices: Buckie, Elgin, Forres and Keith. If you are getting married at any venue in Moray, your paperwork can be submitted to any of these offices: It does not have to be the one closest to the wedding venue. Bear in mind though that you will have to collect the marriage schedule from the same office and return it to that same office after the wedding - more about that later. You should also check opening hours for the register offices as some of them are only open part time hours.
Once they have received your paperwork, the registrar will issue a 'Marriage Schedule' which is available for either the bride or groom to collect in person from the office during the seven days before the wedding. It must be either the bride or groom who collects it. No exceptions!
The Marriage Schedule is the piece of paper that we will all sign after the legal declarations have been made during the ceremony (equivalent to signing the 'register'). It must be produced to me before the ceremony can start so once you have collected it from the registrar make sure and take good care of it. At the risk of labouring a point here, I cannot overemphasise the importance of the marriage schedule. If you tell me that it is on the kitchen table and somebody is bringing it so 'can we just start and it will be here by the time we get to the legal declarations?' then the answer is no.
The law is very specific. I must have the marriage schedule in my hand before I can start the ceremony.
Once we have completed the legal declarations within the ceremony, we will then sign the marriage schedule as a legal record of the marriage. The bride and groom sign it (the bride signs with her maiden name), I sign it and two witnesses must also sign. The witnesses can be anybody as long as they are over sixteen years of age and are present when the legal declarations are made.
The signing of the schedule must take place in the same place that the wedding ceremony took place i.e. at the venue stated on it. You can't get married on the beach and then run back to the car because it started raining and sign the schedule at home .
As the marriage schedule is a legal document it must be signed with a fountain pen using black liquid permanent ink. Don't worry about this. I will supply the pen and ink and there will be a chance to practice before signing if you aren't used to writing with a fountain pen or are understandably just a little bit nervous.
It is important that the Marriage Schedule is put somewhere safe after the wedding ceremony so that it doesn't get lost or damaged. If we are somewhere like a hotel, I will give it to the reception desk to put in the hotel safe. Otherwise I will ask the bride and groom in advance who I should give it to for safekeeping.
After the wedding
The signed marriage schedule must be returned to the register office which issued it within three days of the wedding. That is three days, not three working days so for a Saturday wedding it must be with the registrar by Tuesday. The good news is that it can be returned by anybody, it doesn't have to be the bride and groom so if you are zooming off somwhere on honeymoon you can give it to someone you trust implicitly to return on your behalf. The registrar will then be able to produce a marriage certificate for you.
So that's all there is to it. If you have any questions at all about the legal aspects of getting married in Scotland, your first port of call should always be the local registrar - they are the experts and are unfailingly helpful.
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