UPDATE: Scotland’s government has just announced a major proposal to raise the legal marriage age to 18, marking the first significant change to marriage laws in nearly a century. This urgent reform aims to enhance child protection and align Scotland’s laws with those of England and Wales.
In a consultation document unveiled earlier today, Community Safety Minister Siobhian Brown emphasized the importance of ensuring that marriage is entered into freely and for the right reasons. “A marriage or civil partnership is a significant commitment with important legal and financial consequences,” Brown stated, highlighting the need for the proposed changes to protect young people from potential harms associated with early marriage.
Currently, the legal age for marriage in Scotland is 16, a law that has been in place since 1929. The consultation indicates that there were 276 marriages from 2013 to 2023 involving individuals aged 16 or 17, with the majority of these marriages (247) involving girls marrying older men. This alarming trend has raised concerns about the vulnerability of minors to grooming and coercion.
Independent MSP Ash Regan expressed her support for the proposed change, stating, “Child marriage is a hidden crime, but I am concerned that it is very much a live issue in Scotland.” She called for additional safeguards to prevent coerced marriages for those under 18, emphasizing the need to protect their childhoods and future opportunities.
The proposed increase to an 18-year minimum marriage age would not only address child safety but also create inconsistencies with existing laws, such as the legal age of consent for sexual activity, which remains at 16. This raises critical questions about the rights of young parents, as a 16 or 17-year-old couple would be prohibited from marrying, potentially affecting their legal rights and responsibilities regarding their children.
The Scottish Government’s consultation also seeks to explore broader reforms, including the potential criminalization of actions intended to force individuals under 18 into marriage. This move aligns with the United Nations Convention on the Rights of the Child, which advocates for a minimum legal marriage age of 18 to prevent harmful practices.
As Scotland embarks on this consultation process, the implications of these proposed changes will be closely monitored. The government aims to create a legal framework that provides greater protection and fairness, reflecting the needs of contemporary Scottish society.
The public consultation is open now, with authorities encouraging feedback from all stakeholders. What happens next could redefine family law and significantly impact the lives of young people across Scotland.
