If you are getting engaged this Valentine’s Day, your thoughts may quickly turn to where your wedding will take place. Destination weddings are becoming increasingly popular, with holiday companies reporting year on year growth in overseas ceremonies. If you are planning to get married abroad, it is important to understand whether your marriage will be recognised automatically in Scotland, or whether you need to take additional steps to ensure that it is.
Does a foreign marriage need to be registered in Scotland?
There is no requirement to register an overseas marriage in Scotland. Your marriage or civil partnership will be automatically recognised in Scotland if:
- You followed the correct procedures in the country where you got married; and
- The marriage is allowed under UK law. For example, it is not a polygamous marriage (ie a marriage where one person has more than one spouse).
It is important to check the local marriage requirements for the county you are considering getting married in as legal obligations can vary.
Is there an option to register it in Scotland for completeness?
There is no longer a service for registering an overseas marriage in Scotland.
If you are asked to prove your marital status you will need to provide originals (or certified copies) of your marriage documents issued from the country where you were married. It is therefore essential to keep your original marriage certificate safe. You may find it helpful to arrange an official translation by an approved translation company and store the English version (and the translation certificate) alongside the original. Before you leave the country, make sure to check that you have completed everything required locally to have your marriage legally recognised there.
What can I do if I don’t have my overseas marriage certificate anymore?
Your first step should be to make enquiries in the country where the marriage took place to see if a second copy of your marriage certificate can be obtained from the relevant authorities. If that is not possible then you can make an application to the Scottish Court for a declarator of marriage. This process is expensive and time consuming, and typically only pursued if there is a good reason for it. That might be if you need to prove your marriage took place in order to pursue a financial claim on separation or to establish a claim following the death of your spouse.
In summary, a marriage abroad will usually be recognised automatically in Scotland, provided it was carried out correctly in the country where it took place and complies with Scottish law. The key is to keep your original marriage documents safe and secure.
If you are celebrating an engagement this Valentine’s and planning an overseas wedding, we wish you all the very best. If you need advice tailored to your circumstances, please contact the Family Law Team at Gillespie Macandrew to discuss further.
