Consultation launched on raising age of marriage in Scotland to 18

The legal age for marriage and entering into a civil partnership north of the Border has been 16 since 1929, although ceremonies involving under-18s are rare.

The Scottish Government is now looking at increasing the age of consent to marry in line with UN recommendations.

This would also bring Scotland into step with England and Wales, where the minimum age has been 18 since 2023. Prior to this, 16 and 17-year-olds could marry with parental or judicial consent.

READ MORE: I have changed my mind - 16 is too young to get married in Scotland

Campaigners argue the existing law in Scotland leaves children vulnerable to grooming and coercion. Ash Regan, the former SNP minister who now sits as an independent MSP, has called child marriage a “hidden crime”.

"I want to see new safeguards to prevent coerced marriages for under-18s, to protect their childhoods and their life chances,” she said earlier this year.

The consultation follows a UN Committee on the Rights of the Child recommendation to prohibit marriages involving under 18s to protect young people. The UN describes “child marriage” as any marriage where at least one of the parties is under 18 years of age.

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

SNP 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.”

A broader package of 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.

“Family law affects people at some of the most important moments in their lives,” Ms Brown said.

“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.”

There were 26,955 marriages in Scotland in 2024, with 129 of those involving at least one person aged 16 to 19. In 2023, around 0.07 per cent (21 out of 26,753) involved someone under 18.

The number of such marriages appears to be reducing over time. In 2013, there were 50 marriages involving someone under 18, and in 2017, there were 24. There were four civil partnerships between 2005 and 2023 involving someone under 18.

It is much more common for girls aged 16 or 17 to marry in Scotland than boys. Between 2013 and 2023, there were 276 marriages involving a party under 18, 247 of which involved a girl aged 16 or 17. Girls of that age are typically marrying older men, the Scottish Government said.

Legislation to raise the minimum age for marriage to 18 is also being drawn up in Northern Ireland.

“Developments internationally suggest that Scotland is now unusual in permitting marriage at 16, without additional provision for parental or other consent,” the consultation document reads.

“However, it is arguable that, rather than constituting a protection, parental consent could operate as a potential vehicle for pressure or coercion. Parental consent has not been a feature of Scots law.

“The Scottish Government does not consider that the introduction of parental or other consent as a necessary pre-condition of the marriage or civil partnership of a 16 or 17-year-old is a suitable option for reform.”