30th December 2025
In late 2025, the Scottish Government launched a public consultation on proposed reforms to family law, with changes to the legal framework for marriage and civil partnerships at the centre of discussion. At the heart of this consultation is a proposal to raise the minimum age at which people can legally marry or enter a civil partnership in Scotland from 16 to 18.
Historically, Scotland has allowed individuals aged 16 and over to marry or enter into a civil partnership without parental consent. This legal position dates back many decades and has made Scottish marriage law distinct from that of other parts of the United Kingdom. However, in recent years, there has been growing recognition that this age threshold may not align with contemporary views on child protection and the rights of young people. As a result, the Scottish Government is consulting on whether to bring forward legislation to raise this minimum age to 18, aligning Scotland's rules with those in England and Wales, where similar reforms took effect in 2023.
The consultation documents set out the key rationale behind this proposal. Supporters argue that raising the marriage age would offer greater protection to young people, ensuring that all marriages and civil partnerships are entered into freely and with full understanding of their significant legal and financial consequences. It is also framed within broader commitments to align with international standards and recommendations, including those of the United Nations Convention on the Rights of the Child, which has encouraged Scotland to prohibit all marriages involving people under 18.
In the same consultation, the Scottish Government is also considering extending the criminal offence of forced marriage so that it applies not only where coercion can be proven, but also where conduct is intended to cause a person under 18 to enter a marriage or civil partnership. This would mirror reforms already made in England and Wales and would significantly strengthen the legal toolkit for preventing forced marriages.
Beyond the age reforms, the consultation covers a broader package of family law issues. These include proposals to improve the financial rights of cohabitants upon separation, to introduce qualifying requirements for religious and belief bodies whose celebrants solemnise marriages or register civil partnerships, and to extend simplified divorce procedures to cover cases involving children under 16 where there are no disputes about their welfare.
Importantly, this consultation does not mean that the changes have been decided. The Scottish Government is actively seeking input from members of the public, stakeholders, and legal experts before any legislative proposals are drafted. The consultation responses will inform whether and how the Scottish Parliament might legislate on these issues in future.
The central question at the heart of the marriage law reform is whether Scotland should raise the legal minimum age for marriage and civil partnership to 18 — a change that would align Scotland with other jurisdictions in the UK and internationally, while aiming to enhance the protection of young people in significant life decisions.
Link to the Scottish Government’s Consultation
You can read the full consultation and find details on how to respond here:
A Scottish Government Consultation on Family Law — https://consult.gov.scot/family-law/consultation/
consult.gov.scot