SNP set to ban under-18s from getting married
- Scotland set to fall in line with England in bid to protect vulnerable children and tackle forced marriage
People under 18 could soon be banned from getting married under changes being considered by the Scottish Government.
The current minimum age to tie the knot is 16, but Ministers are to hold a consultation on raising it.
The move has been prompted by a United Nations committee which raised concerns that the law as it stands could lead to children being exploited.
Raising the age limit would bring Scotland into line with England and Wales, which increased it to 18 this year as part of efforts to protect vulnerable children and tackle forced marriage.
Teenage weddings in Scotland are relatively uncommon – only 18 marriages out of more than 30,000 last year involved one or both parties being under the age of 18.
Earlier this year First Minister Humza Yousaf suggested there was no need to follow England’s lead and change the law in Scotland. He said: ‘I don’t think it’s a significant priority. We have good laws in place for children and there are safeguards here in Scotland.’
The Scottish Government is considering changing the law to prevent people under 18 getting married
Tiny village rivals Las Vegas as iconic venue
Gretna Green’s is famous for being a spot for ‘runaway’ weddings.
With a population of just a few hundred, it would be an otherwise unremarkable Scottish village.
However, Gretna Green’s location two miles from England led to world fame as a spot for ‘runaway’ weddings.
The Clandestine Marriages Act of 1753 meant anyone under 21 could not marry in England or Wales without parental consent.
But the law did not apply in Scotland, meaning that Gretna Green became the go-to place for youngsters determined to wed.
A wedding industry sprang up, with Gretna’s blacksmiths and inns becoming the location for tens of thousands of weddings. Changes meant the legal marriage age for all parts of the UK was 16 until this year.
But Gretna retains its claim to fame as an iconic location for tying the knot, alongside the likes of Las Vegas.
Nowadays there are several wedding venues in the village, with around 5,000 marriages over the traditional blacksmith’s anvil each year.
However, Community Safety Minister Siobhian Brown has now confirmed that the Scottish Government is to consider raising the limit.
She said: ‘We have been gathering views from a range of stakeholders and considering the next steps, following the recent observation of the UN Committee on the Rights of the Child that we prohibit all marriages of under 18s.
‘Whilst very few 16 and 17-year-olds marry or register a civil partnership in Scotland each year, I have now decided that the Scottish Government should consult formally in 2024. Reform of the age of marriage is a potentially cross-cutting area given other rights that we permit 16 and 17-year-olds to exercise.
‘We need to consider the full implications of any change in the minimum age of marriage and civil partnership and whether any change is needed to the existing criminal law on forced marriage.’
For many years, Scotland and England had different rules on the marriageable age.
People under 21 were prevented from marrying in England or Wales without their parents’ consent following an Act of Parliament in the 1750s.
As it was still legal in Scotland to marry without such consent, couples began crossing over the Border to get wed, leading to Gretna Green, two miles into Scotland, becoming a famed location for eloping couples to tie the knot.
Consultations will also take in the Scottish Law Commission’s draft Bill to reform the law on a cohabitant’s financial rights against their former partner when they separate.
The plans will also look into entitlement to ‘financial provision from their deceased partner’s estate’ where that partner has died without a will.
When the change to the marriage age came into force in England and Wales in February, then Justice Secretary Dominic Raab said: ‘This law will better protect vulnerable young people by cracking down on forced marriage in our society.’
It’s understood that consultations by the Scottish Government will begin early next year.
Findings are expected to be published by the summer, ahead of any possible change in the law.
A spokesman for the Scottish Government said: ‘We want to carefully consider the full implications of any change.’
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