Views are being sought on whether legislation should be
introduced to raise the minimum age of marriage and civil
partnership from 16 to 18, as part of a consultation on wider
proposed reforms to family law.
While marriages involving 16 and 17 year olds are rare, the
consultation responds 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.
A broader package of proposed reforms to family and succession
law is also being consulted on 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 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.”
Background
