Scottish Marriages

Scottish marriages could be regular or irregular.

Regular Scottish marriages were performed by a minister following the reading of the banns. The banns were a proclamation of marriage read out before the marriage could take place. The banns were traditionally declared in the Church on the three successive Sundays before the wedding although sometimes the banns would simply be read out three times on the same day to allow the wedding to go ahead.

Irregular Scottish marriages came about as a result of the Protestant Reformation when the church in Scotland broke with Rome and formed the Church of Scotland in 1560. From that date on Scottish marriages no longer were a church sacrament instead they became a civil matter based upon the mutual consent of the individuals concerned.

Irregular Scottish marriages were legal marriage agreements that could take place without the banns being declared or a minister being present. There were 3 main ways in which a couple could have an irregular marriage. The first way involved them making a declaration in front of witnesses. The second involved a promise of marriage such as a written promise of a marriage. The third and least formal way simply involved the couple cohabiting and presenting themselves in public as husband and wife even if no declaration of the marriage had been made.

Irregular marriages were disliked by the Church and it was common for a couple to be fined by the Church if they admitting to being party to one. Details of these fines are sometimes recorded in the Church records and can be extremely helpful to those interested in genealogy as otherwise there would have been no record of the marriage at all.

Irregular Scottish marriages increased significantly after William III and his government decided to abolish the Episcopalian Church in Scotland. Many of these ministers moved to Edinburgh and made a living by marrying people who did not want the banns proclaimed or who wanted to be married outwith their own local parish but who never the less did want a minister to be present to give the wedding the feel of a religious ceremony.



Until 1929 the minimum legal age for a girl to get married in Scotland was 12 and the minimum age of consent for a boy was 14 although normally both the bride and groom were older than this. No parental consent was required in Scotland which is in stark contrast to England and led to many young English couples eloping to Scotland and getting married at Gretna Green.

Irregular marriages were fairly common in Scotland prior to the second World War and this could be put down to them being much cheaper than a regular marriage and due to a decline in the influence of the Church. Many couples had an irregular marriage and then had the marriage registered by informing a sheriff of their marriage and paying a fine. Marriage by a sheriff’s warrant in Scotland came to an end in 1939 through the Marriage (Scotland) Act which made it possible to have a civil ceremony in a Registrar’s Office.

Scottish marriage records can be viewed online through Scotlandspeople or through Ancestry.