Views are being sought on proposals to raise the minimum age of marriage and civil partnership in Scotland from 16 to 18 as part of a wider consultation on reforms to family law.
The consultation has been launched by the Scottish Government and follows a recommendation from the United Nations Committee on the Rights of the Child, which called for marriages involving under 18s to be prohibited to better protect young people.
While marriages involving 16 and 17 year olds are rare in Scotland, ministers say raising the minimum age would ensure that no one under 18 can enter a legally recognised marriage or civil partnership.
The consultation will also consider whether Scotland’s existing forced marriage offence should be strengthened to explicitly criminalise conduct intended to cause a person under 18 to marry or enter a civil partnership.
Alongside the proposed age change, the consultation covers a broader package of potential reforms to family and succession law.
These include updating the legal definition of a cohabitant in cases where a partner dies without leaving a will, and simplifying divorce procedures for couples with children under 16 where there are no disputes about welfare arrangements.
The consultation is also seeking views on whether qualifying requirements should be introduced for religious or belief bodies whose celebrants solemnise marriages or register civil partnerships.
Siobhian Brown said the proposals are about protection, fairness and reflecting modern life.
“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.
“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.
“This consultation offers an opportunity to ensure our laws provide greater protection, fairness and transparency, and reflect the needs of modern Scotland.”
Official figures show that of the 26,955 marriages registered in Scotland in 2024, only 129 involved at least one person aged between 16 and 19, representing less than 0.5 percent of all marriages.
The minimum age of marriage in Scotland has been set at 16 since 1929, with the current framework governed by the Marriage Scotland Act 1977 and the Marriage and Civil Partnership Scotland Act 2014.
The Scottish Government is inviting responses from the public, professionals and organisations as part of the consultation process.
