Marriage at Gretna Green.....

[James henderson]

Does anyone have the words of the Act of 1940 which made marriage by declaration in Scotland no longer valid? I can find many references on the Net to the marriage laws of both England and Scotland but no details of this.
I work as a Guide in the World Famous Old Blacksmith's Shop and find the lack of this information leaves a break in the continuity of the history here. Can anyone help? There was also some legislation in 1928/9 concerning the minimum age (15 then?) at which young people could marry. When did it become 16 in Scotland?
A further question is, do the general public have automatic right of access to a Scottish Marriage, as the law in English marriage requires, or is access permissible only by the consent of the parties as it once was?

We have many old certificates here - some back to the 1880's. If anyone has had an ancester married here call me and I will try to help.
Most people believe the majority of marriages here were of English couples -and they were in the early years. However many Scots married here in the latter fifty years - probably affected by the changing social aspirations of their parents.

[LesleyB]

hi James
..and a warm welcome to Talking Scot

A further question is, do the general public have automatic right of access to a Scottish Marriage, as the law in English marriage requires, or is access permissible only by the consent of the parties as it once was?

If you mean what I think you mean - can anyone gain access to look up a record if a marriage, the answer is yes. There is public access to records at New Register House in Edinburgh.

I hope someone can help with your other questions. (and that one too, if I've read it incorrectly!!)

Best wishes
Lesley

[DavidWW]

James

Welcome to Talking Scot.

The first act that you need is the Marriage (Scotland) Act 1939, - The Stationery Office will be able to supply you with a copy, - see http://www.opsi.gov.uk/legislation/scotland/about.htm , but given the age of this act you'll probably need to phone or email them.

The other act is the Age of Marriage Act 1929 which changed the minimum age to 16 from 12 for a girl and 14 for a boy.

A further question is, do the general public have automatic right of access to a Scottish Marriage, as the law in English marriage requires, or is access permissible only by the consent of the parties as it once was?

Not quite sure what you mean by this question. Please clarify.

David

[emanday]

Do you mean can anyone go into a church where a wedding is taking place?

If so, any wedding I have attended in Scotland has had its share of observers sitting at the back of the church. Never heard of anyone objecting to their presence.

[AndrewP]

Hi James,

A copy of the Marriage (Scotland) Act 1939 is in the Edinburgh Central Library (Scottish Room) - I have seen it there. It may be worth consulting the main library in Dumfries as it is a lot nearer for you. They may hold or be able to obtain a copy for you to use there (probably for reference only, not available for lending).

The same probably applies to the Age of Marriage Act 1929, although that seems to be a UK national act rather than a purely Scottish act.

All the best,

AndrewP

[James henderson]

Ref Scottish Marriage. Does the Law in Scotland specifically say that anyone - that is the uninvited - can enter a room in which a marriage is taking place without the permission of the principals. If the Law does not state this do those principals then have the right to refuse permission to those who wish to attend simply as spectators. This is of course assuming that the basic requirements of the current law is followed i.e. two qualified witnesses.

The 1977 Act (which aimed to clarify the situation concerning religious marriage in Scotland) permits the clergy of certain Religious Denominations recognised by the Registrar General for Scotland to conduct the ceremony of Marriage in any place chosen by the couple. This would originally have been the home of the Bride's parents in the case of minor denominations where no church / chapel building was convenient and when "Sunday meetings" were regularly held in the homes of various members of the congregatation. It followed that those homes would also host baptisms, funerals, and of course weddings. It would seem strange that the Law would insist that the owners of such private buildings should permit anyone but the properly invitied.

The question is-
a. Must a Civil Wedding ceremony in Scotland be a public ceremony?
b. Must a Religious Wedding ceremony in Scotland be a public ceremony?

[DavidWW]

.......snipped.........
The question is-
a. Must a Civil Wedding ceremony in Scotland be a public ceremony?

Don't know!!, - suggest that you use the contact form option at the bottom of page http://www.gro-scotland.gov.uk/regscot/ ... laces.html

b. Must a Religious Wedding ceremony in
Scotland be a public ceremony?

It's certainly been the case in my experience that anyone can slip into the back of the church, but I'm afriad that my real answer is again "I don't know" in the sense of there being, or having possibly been an option for the bridal party to exclude anyone apart from those specifically invited......... again a question for GROS perhaps, although thay might refer you to church authorities.

I suspect that the law is or may have been silent on this particular aspect. It's tempting to assume that the situation in Scotland is the same as in England (except when the heir to the throne is involved ) but that's a dangerous assumption in terms of the independence of GROS, nevr mind the Established Church of Scotland.

G.T. Bisset-Smith's Vital Registration - A Manual of the Law and Practice concerning The Registration of Births, Deaths and Marriages: Registration Acts for Scotland; with Relative Notes on Vaccinations and the Census, Forms, and Tables of Fees &c., Edinburgh, William Green & Sons, Law Publishers, 1907, deals only with the process of registration, and makes no comment on the situation.

David