09-07-2025
Under-18s could be banned from marrying in Scotland
Under-18s could be banned from tying the knot in Scotland following efforts by an MSP to tackle the 'hidden crime' of child marriage.
Siobhian Brown, the community safety minister, confirmed plans to consult on raising the legal age for marriages and civil partnerships from 16 to 18.
Ministers will also consult on whether to legislate to extend the forced marriage or forced civil partnership offence, so any conduct with the intention of causing a person under 18 to marry or enter a civil partnership would be a criminal offence.
The formal consultation on the new legislation was confirmed in a written answer to Ash Regan, an Alba MSP who is a vocal campaigner for increasing the marriage age.
Campaigners such as Barnardo's have long argued that allowing under-18s to tie the knot contributes to sexual violence and domestic abuse.
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'.
Ms 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.'
The move would bring Scotland into line with England and Wales, where the age of consent to marry was raised to 18 in 2023.
However, legal experts have previously warned that raising the legal marriage age in Scotland could be more difficult than it was south of the border, as Scots law considers 16- and 17-year-olds to be adults.
Data from the National Records of Scotland showed 38 men and 78 women aged 16-19 got married in 2023, compared with 5,156 men and 11,963 women in 1974.
'Marriage by declaration'
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, 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.
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.
