Monday, 12 May 2014
THE LEGAL STUFF
Those of you who have been reading this blog for a while all know that here at The Lady Said Yes it’s all the fun girly bits of wedding planning that we talk about and enjoy. But at the end of the day none of that really matters if you don’t get the legal stuff sorted. I mean, that’s why we’re here. Because we want to legally declare our love to our partner and tell the world all about it.
I realise this post is a little more dull than usual but I promise to make it as quick and painless as possible, giving you the facts you need.
So let’s get cracking.
I should take this time to explain that this post refers to the legal requirements for marriage in Scotland. As a Scottish bride myself I decided to help out all you other Scots lads and lassies out there. So, apologies to those outwith Scotland as this won’t apply to you. For further details please visit http://www.gro-scotland.gov.uk/regscot/getting-married-in-scotland/index.html?PHPSESSID=c890e823fa48c6c3b1b5002b4e3a842e
In Scotland you can have either a:
- civil ceremony, or
- religious ceremony
Who Can Be Married in Scotland
Any two persons, regardless of where they live, may marry in Scotland provided that:
- both persons are at least 16 years of age on the day of their marriage
- they are not related to one another in a way which would prevent their marrying (see website for full details)
- they are unmarried and not in a civil partnership (documents confirming previous marriages are void will be required)
- they are not of the same sex (although the Marriage and Civil Partnership (Scotland) Act 2014 received Royal Assent on 12th March 2014 the Act itself won’t come into force until later in the year. See website for full details)
- they are capable of understanding the nature of a marriage ceremony and of consenting to marrying
- the marriage would be regarded as valid in any foreign country to which either party belongs
Listed below are the basic legal requirements necessary for a Scottish marriage to take place:
- both you and your partner must complete a marriage notice
- the marriage must be conducted by either a registrar or an approved celebrant; in the presence of two witnesses aged 16 or over
- at the end of the ceremony, you and your partner, the two witnesses and the person who conducted the ceremony must all sign the marriage schedule in a black fountain pen
Both you and your partner will each need to give notice to the district registrar for the area where you intend to marry. This means that both of you need to individually submit a marriage notice (also known as Form M10) whether you are having a religious or civil ceremony.
Each notice must be accompanied by:
- appropriate fee
- birth certificate
- divorce certificate if previously married
- death certificate if previous partner has died
- certificate that you are free to marry under the law of your own country if not normally domiciled in the UK
The Witness Details form must also be submitted with your marriage notice. This contains the names and addresses of those who will be acting as witness at your marriage ceremony.
This paperwork must be submitted no sooner than 3 months prior to the marriage date and no later than 15 days before. It is advisable to submit your notices 4 – 6 weeks before the ceremony to allow the registrar to make the appropriate checks.
Marriage Notice Book
The registrar must make details of your intention to marry available to the public for 14 days before you get married. After 14 days, you will be free to marry within 3 months from the date that the notices were received by the registrar.
In a civil ceremony the district registrar will keep the schedule until marriage. In a religious ceremony, either you or your partner must collect it in person from the registrar’s office because it acts as a license for the celebrant to marry you.
The marriage schedule is issued no earlier than 7 days before the date of the marriage.
These fees are correct and to date at the time of writing in May 2014.
£30 For each person submitting a notice of marriage, civil or religious, to the district registrar
£55 For solemnisation of a civil marriage
£10 For each extract of the entry in the register or marriages (applied for within one month of registration of the marriage, civil or religious) This is your marriage certificate
Phew… We’re done! That wasn’t so bad?
Now all the boring details have been covered you can relax. Be sure to tune in tomorrow for some more fun posts!
As I’m upping the regime to include daily posts as opposed to three posts a week let me know in the comments what you’d like to see more of!