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Views are being sought on whether legislation should be introduced to raise the minimum age of marriage and civil partnership from 16 to 18, as part of a consultation on wider proposed reforms to family law.

While marriages involving 16 and 17 year olds are rare, the consultation responds to a UN Committee on the Rights of the Child recommendation to prohibit marriages involving under 18s to protect young people.

The consultation will also consider whether the current forced marriage offence should be updated to criminalise conduct intended to cause a person under 18 to marry or enter a civil partnership.

A broader package of proposed reforms to family and succession law is also being consulted on including updating the definition of ‘cohabitant’ in cases where a partner dies without a will, and simplifying divorce procedures for couples with children under 16, where there are no welfare arrangement disputes.

Community Safety Minister Siobhian Brown said:

“A marriage or civil partnership is a significant commitment with important legal and financial consequences, so it is essential that it is entered into freely and for the right reasons. This consultation is important as while ceremonies involving under‑18s are rare, raising the minimum age would ensure that no one under 18 can enter a legally recognised marriage or civil partnership in Scotland.

“Family law affects people at some of the most important moments in their lives. The consultation will also look at wider reforms and offers an opportunity to ensure our laws provide greater protection, fairness and transparency, and reflect the needs of modern Scotland.”

Background

• Consultation: A Scottish Government Consultation on Family Law - gov.scot 
• The consultation is also considering the introduction of qualifying requirements for religious or belief bodies whose celebrants solemnise marriages or register civil partnerships.
• There were 26,955 marriages in Scotland in 2024, only 129 of those involved at least one person aged 16–19 — less than 0.5% of all marriages https://www.nrscotland.gov.uk/media/egro3ky3/vital-events-reference-tables-chapter-7.xlsx
• The minimum age of marriage has been 16 since 1929 Marriage (Scotland) Act 1977
• Marriage and Civil Partnership (Scotland) Act 2014