Scots asked whether minimum age of marriage should be raised

The minimum age of marriage in Scotland could be raised to 18 after the Scottish Government launched a consultation on reforming the law.

Scots are being asked whether they think the current minimum age of 16 for marriages and civil partnerships should be raised by two years, bringing Scotland into line with England and Wales.

The Government said the consultation is in response 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.

It’s part of a broader package of proposed reforms to family and succession law, 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.”