'Child marriages' in Scotland could be banned as SNP Government to look at raising age of consent
Scotland could ban "child marriages" after the SNP Government confirmed it will formally consider raising the age at which people can tie the knot from 16 to 18.
Charities including Barnardo's have long argued that allowing people to marry when under the age of 18 contributes to sexual violence and domestic abuse.
Scots can currently get hitched at the age of 16 without the approval of their parents or legal guardians, unlike in England and Wales where the legal age was raised to 18 in 2023.
Official figures show that from 2016-21 there were an average of 17 marriages where one person was over 18 and the other aged from 16-17, and three marriages where both parties were under-18.
The SNP Government confirmed today in a written answer to Alba MSP Ash Regan that it would consult on raising the age of consent to 18.
Ministers will also consult on whether to legislate to extend the existing forced marriage or forced civil partnership offence so that any conduct with the intention of causing a person under 18 to marry or enter a civil partnership would be a criminal offence.
Regan, who has campaigned on the issue, welcomed the move. "Child marriage is a hidden crime, but I am concerned that it is very much a live issue in Scotland," she said.
"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 , so I welcome that the Scottish Government has confirmed to me that they will consult on the matter before the end of this year."
Legal experts have previously warned that raising the legal age at which Scots can get married could be more difficult than in England as 16 and 17-year-olds north of the Border are not considered children in the eyes of the law.
Dr Rob Clucas, director of the Centre for Child & Family Law at Napier University, said: "Forced marriage is a global evil that disproportionately affects young women in different-sex marriages, and it should be eradicated.
"Forced marriages do occur in Scotland, as does early marriage and civil partnership – though these phenomena are not identical, and it is not clear how harmful early marriage or civil partnership is in Scotland, it may sometimes be neutral or beneficial.
"Research is needed to establish this. If we take our young people's autonomy seriously – and we should, for 16 and 17 year olds in Scotland are not children – we ought to be wary of infringing their rights, even temporarily.
"This may be particularly important for young people in same-sex relationships, for whom there is no culture of forced marriage or civil partnership, but who may need to escape unsupportive families.
"Forced different-sex marriage, and the disadvantages attached to early marriage, seem to be the consequences of patriarchal cultures that do not value women, and these should be our primary target."
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