The Scottish Government has launched a landmark consultation proposing to raise the legal age for marriage and civil partnership from 16 to 18. This would be the first change to marriage age limits in Scotland in nearly a century.
Protecting Children from Coercion
Unveiling the plans, Community Safety Minister Siobhian Brown stated that a marriage or civil partnership is a significant commitment with serious legal and financial consequences. The reform aims to ensure no one under 18 can enter a legally recognised union in Scotland, thereby improving child safety and protecting young people, particularly girls, from grooming and coercion.
Independent MSP Ash Regan welcomed the consultation, describing child marriage as a "hidden crime" and emphasising the need for new safeguards. Campaigners have long argued that Scotland's current law, which permits marriage at 16 without requiring parental consent, leaves young people vulnerable.
Data Reveals Scale and Potential Inconsistencies
According to the consultation document, there were 276 marriages in Scotland from 2013 to 2023 where at least one person was 16 or 17. The data shows a clear gender disparity: 247 of these involved a girl aged 16 or 17, often marrying older men. The number has fallen from 50 in 2013 to 21 in 2023.
However, officials acknowledge the change would create legal inconsistencies. The age of sexual consent will remain 16, and 16 and 17-year-old parents would be unable to marry, which can affect parental rights. Critics argue more research is needed on the harm caused by allowing 16 and 17-year-olds to wed.
Aligning Laws and Wider Reforms
The proposal would bring Scotland into line with England and Wales, where the minimum age was raised to 18 in 2023. It also aligns with the UN Convention on the Rights of the Child, which defines under-18s as children and discourages child marriage.
The consultation, which runs until a specified date, also considers:
- Updating the forced marriage offence to criminalise causing a person under 18 to marry.
- Redefining 'cohabitant' in inheritance cases.
- Simplifying divorce procedures for couples with children under 16 where welfare is not disputed.
The Scottish Government states the overhaul seeks to provide greater protection, fairness, and transparency, reflecting the needs of modern Scotland.
