Scottish Government consults on raising legal marriage age over grooming fears

Community Safety Minister Siobhian Brown has confirmed the Scottish Government is consulting on raising the legal age for marriages and civil partnerships from 16 to 18.

She also confirmed the Government was looking at legislating to extend the existing forced marriage or forced civil partnership offence so any conduct with the intention of causing a person under the age of 18 to marry would be a criminal offence. This would include cases where there is no evidence of coercion.

Charities such as Barnardo’s argue that allowing 16 and 17-year-olds to marry is contributing to sexual violence and domestic abuse.

The UN says: “Marriage before the age of 18 is a fundamental violation of human rights. Many factors interact to place a child at risk of marriage, including poverty, the perception that marriage will provide ‘protection’, family honour, social norms, customary or religious laws that condone the practice, an inadequate legislative framework and the state of the country’s civil registration system.

“While the practice is more common among girls than boys, it is a violation of rights regardless of sex.”

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The UN says marriage under the age of 18 can “compromise a girl’s development” by interrupting schooling and putting her at risk of early pregnancy and domestic violence. The organisation also says it pushes “boys into an adult role for which they are unprepared” and "curtails their opportunities for further education or career advancement”.

Between 2016 and 2021, an average of 17 marriages took place in Scotland where one person was 16 or 17 and the other was over the age of 18. There were also three marriages where both were under the age of 18.

In 2023, the legal age for marriage in England and Wales was raised to 18. Despite the Government promising to look at this years ago, 16 and 17-year-olds can still get married in Scotland without any parental consent.

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.

Alba MSP Ash Regan has been questioning the Scottish Government on this issue and has welcomed the announcement that ministers would consult on ending what she calls “child marriages”.

She 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 of 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 the year.”

Scotland is one of only a handful of countries worldwide to allow legal marriage at the age of 16 for both men and women without parental consent. Other countries include Andorra, Equatorial Guinea, Lebanon, Slovakia, Turkmenistan and Yemen.