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Minimum age for marriage could be raised in Scotland

Getty Images A groom placing a wedding ring on the bride's finger. Getty Images
Ministers will consult on raising the minimum age for marriage from 16 to 18

A consultation is to be held on raising the minimum age for marriage and civil partnerships in Scotland to 18.

Marriage laws currently allow those aged 16 and 17 to tie the knot without parental consent.

The Scottish government will now look at increasing the age of consent to marry to 18, which is the legal position in England and Wales.

Ministers will also consider extending the current forced marriage legislation to include making it a criminal offence to force a person under 18 to marry.

The formal consultation on the new legislation was confirmed in a written answer to Alba MSP Ash Regan, who is a vocal campaigner for increasing the marriage age.

Unicef - the United Nations agency providing humanitarian and development aid to children worldwide - defines any formal marriage or informal union between a child under the age of 18 and an adult or other child as "child marriage".

The UN agency describes marriage before the age of 18 as a "fundamental violation of human rights".

Ash Regan said: "Child marriage is a hidden crime, but I am concerned that it is very much a live issue in Scotland and across the UK.

"In Scotland, the legal age is 16 and no parental consent is needed.

"Campaigners have previously highlighted that this leaves girls vulnerable to grooming and coercion.

"I want to see new safeguards to prevent coerced marriages for under-18s, to protect their childhoods and their life chances."

Data from the National Records of Scotland showed 38 men and 78 women aged 16-19 got married in 2023, compared to 5,156 and 11,963 in 1974, respectively.

Eloping to Scotland

Scotland and England have had different rules on marriage for centuries.

In the 18th century an English law stopped couples under 21 marrying without their parents' permission.

But in Scotland it was permitted for girls from the age of 12, and for boys aged 14 or older.

Anyone in Scotland could also marry a couple by "declaration".

Teenage lovers in England would elope to Scotland and Gretna, just two miles over the border, became known as a marriage location.

Couples could get married on the spot at Gretna Green in a simple ceremony.

Getty Images A black and white photograph of a couple walking down a street with their back to the camera. A road sign on the left reads GRETNA GREEN in large text. Houses, power lines and hedges line the street. Getty Images
Gretna, just a few miles from the border with England, has become a popular marriage location.

In 1940 the institution of "marriage by declaration" was outlawed in Scotland and in 1977 English couples were allowed to get married without parental consent at 18.

The minimum age for marriage now in England and Wales is 18.

Previously 16- and 17-year-olds were allowed to get married or enter a civil partnership with parental consent, but this was dropped in 2023.

Those under 18 in England and Wales can still get married in Scotland but, unlike in the past, the marriage would not be recognised south of the border.