Marriage in Scotland - Guidance Notes to help You Complete Form 10

MARRIAGE IN SCOTLAND
(NOTES)
to Form
M10
GUIDANCE NOTES TO HELP YOU COMPLETE THE
MARRIAGE NOTICE APPLICATION FORM M10
(These notes are not part of the form M10 prescribed under the Marriage
(Scotland) Act 1977)
If you are planning to be married in Scotland, please read these notes carefully
NOTE 1 – HOW AND WHEN TO GIVE NOTICE (To help you complete Section A1)
Fill in your proposed date of marriage at A1. Remember that by law both parties to a proposed
religious or belief or civil marriage must submit marriage notice forms to the registrar of the
district in which the marriage is to take place, informing the registrar of their intention to
marry. This means that both parties must be aware of the proposed marriage and
independently complete and sign the declaration on the marriage notice form. Failure to give
proper notice can result in a marriage being postponed or prevented from proceeding. Notice
must be given in the three-month period prior to the date of marriage and NOT LATER THAN
29 DAYS BEFORE THE DATE OF MARRIAGE.
Timing is important. You must submit the notices early enough to enable the registrar to be
satisfied that you are free to marry one another. Normally notices should be in the registrar’s
hands about TEN to TWELVE weeks beforehand. The minimum period is 29 days before
the date of the proposed marriage, but if you leave things as late as this you could be
faced with the need to postpone your marriage. Only in exceptional circumstances will the
Registrar General authorise a marriage to take place if 29 days’ notice has not been given.
If you are having a religious or belief ceremony, contact the religious or belief celebrant who is
to perform the ceremony before completing the marriage notice. For a civil marriage, make
advance arrangements with the registrar. This is particularly important if the marriage is to be in
towns and cities, where large numbers of people may want to be married at certain times of the
year.
Although you need not both attend personally at the registrar’s office to hand in your marriage
notice, at least one of you may be asked to attend there personally before the date of the
marriage. You will need, in the case of a religious or belief marriage, to collect the Marriage
Schedule (see 12 below) or, in the case of a civil marriage, to finalise arrangements with the
registrar.
When you give notice, you will be required to sign a declaration to the effect that the information
given on your notice is correct. Do not delay giving notice simply because you are waiting for
any of the documents mentioned at note 11 to come to hand. If time is getting short, it is better
to give notice first and then pass the documents to the registrar when they become available;
but they must be made available to the registrar in advance of the marriage. Provided the
documents are in order, the marriage can then proceed as arranged. As a safeguard against
simultaneous marriage and/or civil partnership the Registrar General makes a
subsequent check of the information.
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NOTE 2 – PLACE OF MARRIAGE (To help you complete Section A2)
Each of you must submit a marriage notice, along with the required documents (see note
11) and the appropriate fee, to the registrar for the district in which the marriage is to take
place.
You can obtain marriage notice forms, and information about what the marriage will cost, from
any Registrar of Births, Deaths and Marriages in Scotland. You can get the address of your
local registrar from the phone book or the NRS Website www.nrscotland.gov.uk.
NOTE 3 – STATUS (To help you complete Section B)
Any two persons, regardless of where they live, may marry in Scotland provided that:
•
Both persons are at least 16 years of age on the day of their marriage.
•
They are not related to one another in a way which would prevent their marrying
(see the list at Page 6 of the Marriage in Scotland leaflet).
•
Each is unmarried or not already registered as a civil partner*.
•
They are capable of understanding the nature of a marriage ceremony and
of consenting to marrying.
•
In the case of opposite sex marriage, the marriage would be regarded as valid in the
party’s country of domicile.
*
If you are in a qualifying civil partnership, you can change it to a marriage – a qualifying
civil partnership is a civil partnership which was registered in Scotland, England,
Wales or Northern Ireland and has not been dissolved, annulled or ended by death
or an overseas relationship registered outwith the United Kingdom which is treated as a
civil partnership in Scotland and has not been dissolved, annulled or ended by death.
The registrar will ask to see your valid passport or other document to provide evidence of your
nationality.
NOTE 4 – RESIDENCE (To help you complete Sections B10, B12 and G26)
The registrar will require to see evidence of your usual residence.
IF YOU LIVE IN ENGLAND OR WALES
As an alternative to the normal procedure of giving notice to a registrar in Scotland, if you intend
to marry either a person residing in Scotland or a person residing in England or Wales who
has a parent residing in Scotland, you may instead give notice of marriage to the
superintendent registrar in the district in England or Wales in which you reside. The person you
are marrying should, however, give notice in Scotland in the usual way. You should seek the
advice of the superintendent registrar if you wish to proceed in this way. You should send the
certificate for marriage obtained from the superintendent registrar to the Scottish registrar as
quickly as possible.
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IF YOU ARE DOMICILED OUTSIDE THE UK
You must follow the normal procedure of giving notice to the registrar in Scotland but you may
have to provide extra documentation. If you are domiciled in another country outside the United
Kingdom you should provide a certificate of no impediment to marriage. See note 11.
If you are in any doubt about what is required, or if you need further information, you should
consult the registrar or write to the National Records of Scotland at the address shown at the
end of these notes.
NOTE 5 – IMMIGRATION CONTROLS
If you are subject to immigration controls you will have to provide extra documentation to that
outlined in these notes. In particular, you will need to provide a Declaration of Immigration
Status form which can be obtained from the registrar or the NRS website. Evidence to support
the statement you make on the Declaration of Immigration Status form will also be required.
If you are in any doubt about what is required, or if you need further information, you should
consult the registrar or contact NRS.
NOTE 6 – DESIGNATION (To help you complete Section B13)
Regardless of sex it is open to you to choose a designation Bridegroom, Bride or No
designation as the case maybe. This will be recorded on the marriage schedule, marriage
register and marriage extract. It is important that you check with the person solemnising the
marriage that they are content with your choice of designation.
NOTE 7 – ABOUT YOUR FATHER/PARENT OR MOTHER/PARENT (To help you complete
Sections C and D)
In completing these questions, if you are adopted the details relate to your adoptive parents. In
relation to same sex parents “parent” is as defined by the Human Fertilisation and Embryology
Act 2008. It also relates to same-sex adoptive parents. The use of “parent” is confined to these
circumstances only and does not, for example, apply to “step-parent”.
NOTE 8 – ABOUT YOUR PARENTS (To help you complete Section E)
These questions are asked to enable the registrar to insert your mother’s maiden surname
appropriately in your Marriage Schedule.
NOTE 9 – THE CELEBRANT (To help you complete Section F)
You can be married in either of two ways in Scotland – by a religious or belief ceremony or by
a civil ceremony. A religious or belief marriage, may be solemnised only by a religious or belief
celebrant approved to do so under the Marriage (Scotland) Act 1977. A civil marriage may be
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solemnised only by a registrar or an assistant registrar who has been authorised to do so by the
Registrar General.
NOTE 10 – OTHER PARTY TO THE MARRIAGE (To help you complete Section G)
Each of you must complete a marriage notice to be submitted to the registrar.
NOTE 11 – DOCUMENTS YOU WILL NEED TO PRODUCE (To help you complete Section
H)
When giving or sending the marriage notice forms to the registrar each of you must supply the
following documents:
H27 Your genuine birth certificate, or, if you are adopted, your adoption certificate. An
unauthorised photocopy is not acceptable. If you are unable to produce your birth or adoption
certificate, state the reason.
H28 If you have been married or have been in a civil partnership before and the marriage or
civil partnership ended in divorce, annulment or dissolution, a certificate of divorce or
annulment or a certified copy decree or decree of dissolution. A decree of divorce granted
out with Scotland must be absolute or final – a decree nisi is not acceptable. If you have been
married or have been in a civil partnership more than once, only the document relating to the
termination of the most recent marriage or civil partnership is required. If you are unable to
produce the official degree of divorce, annulment or dissolution, state the reason for not doing
so. The registrar will require proof of the termination of the earlier marriage or civil partnership.
H29 If your former spouse or civil partner is deceased, the death certificate of your former
spouse or civil partner. If you are unable to produce a death certificate of your previous spouse
or civil partner, state the reason for not doing so. The registrar will require proof of the death.
H30 If you are a foreign national domiciled in another country outside the United Kingdom, you
should provide a certificate of no impediment to marriage, issued by the competent authority
there, to the effect that you are free to marry. Most European countries issue certificates of no
impediment but other countries may not do so. If, for any reason, you are unable to enclose
such a certificate, state the reason. However, if you are now resident in the UK and have lived
here for at least 2 years or more, you need not submit such a certificate but should state how
long you have been resident in the UK.
H31 If you are in an existing civil partnership, you should provide your civil partnership
certificate. If you are unable to produce your civil partnership certificate, state the reason for
not doing so. The registrar will require proof of your civil partnership.
H32 If you are in an existing marriage, you should provide your marriage certificate. If you
are unable to produce your marriage certificate, state the reason for not doing so. The registrar
will require proof of your marriage.
If any document is in a language other than English, you must also provide a certified
translation into English.
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NOTE 12 – MARRIAGE SCHEDULE
When the registrar is satisfied there is no legal impediment to the marriage, he/she will prepare
a Marriage Schedule from the information you have given. The Schedule is a most important
document – no Marriage can proceed without it.
If you are having a religious or belief marriage, the registrar will issue the Marriage Schedule to
you. The registrar cannot issue the Schedule more than seven days before the marriage and
will advise you when to call to collect it. The Schedule cannot be collected on your behalf by
a relative or friend – the registrar will issue it only to one of the parties to the marriage.
The Marriage Schedule must be produced before the marriage ceremony to the person
solemnising the marriage.
Immediately after the ceremony, the Schedule must be signed by both spouses, by the person
solemnising the marriage and by the two witnesses. As the Schedule is a permanent record, an
appropriate permanent black liquid ink should be used when signing it – a ball-point pen should
not be used. Thereafter you must arrange for it to be returned to the registrar within three
days so that the marriage can be registered.
If you are having a civil marriage, the registrar will not issue the Marriage Schedule to you in
advance but will have it available at the marriage ceremony for signature and will subsequently
register the marriage.
A fee for the marriage and, if applicable, for the attendance of an authorised registrar if the
location is somewhere other than the registration office, is payable to the registrar in advance.
If you are in an existing civil partnership and changing your status to marriage, reference will be
made to the date of that civil partnership in the marriage register.
NOTE 13 – CHANGE OF PLANS
Be sure to let the religious or belief celebrant or the registrar know if you change your plans or
decide to postpone your marriage.
For Further information:
Contact any local registrar of births, deaths and marriages or
Marriage/Civil Partnership Section,
National Records of Scotland,
New Register House,
Edinburgh EH1 3YT.
Telephone: +44 (0)131 314 4447
Email: [email protected]
NOTE:- Forms and documents must be sent to the registrar in the local authority district
where the proposed marriage is to take place
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MARRIAGE NOTICE - SCOTLAND
Form M10
(Section 3(1) of the Marriage (Scotland) Act 1977)
Use a pen to fill in the form, all in BLOCK CAPITALS except for your signature at the end
A About the proposed marriage
1. Date of
marriage
2. Place
Year
Month
Day
For registrar’s use only
Number in Notice book
Date documents returned
B About yourself
3. Forename(s)
Surname(s)
4. Present or last occupation
5. Retired (tick box)
Yes
6. Sex (tick box)
No
7. Marital or Civil Partnership Status (tick only one box)
Single
Male
Female
Divorced
Widowed
Surviving Civil Partner
Previous Civil
Partnership dissolved
Previous Civil
Partnership annulled
Previous marriage
annulled
Existing Civil Partnership
Existing Marriage
8. Date of Birth
Year
9. Country of birth
Month
10. Country of residence
Day
11. Nationality
12. Usual residence
Postcode
13. How do you wish to be described in the Marriage Schedule and other documentation relating to your marriage?
(tick only one box)
Bridegroom
Bride
No designation
C About your father/parent
14. (a) Forename(s)
(b) Surname(s) at time of father’s/parent’s birth
(c) Surname(s) at time of your birth
(d) Surname(s) now (or at date of his/her death)
15. Present or last occupation
16. Retired (tick box)
Yes
No
17. Is he/she still living? (tick box) Yes
No
21. Is she/he still living? (tick box) Yes
No
D About your mother/parent
18. (a) Forename(s)
(b) Surname(s) at time of your mother’s/parent’s birth
(c) Surname(s) at time of your birth
(d) Surname(s) now (or at date of her/his death)
19. Present or last occupation
20. Retired (tick box)
Yes
No
E About your parents
22. Were your parents
(a) married to each other at the time of your birth or later?
(b) registered as civil partners at the time of your birth or later?
Yes
No
Yes
No
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F About the celebrant (complete this part if you intend to have ceremony solemnised by someone other than a registrar)
23. Person who is to solemnise the marriage?
24. Denomination or body to which (s)he is attached?
G About the other party to the marriage
25. Forename(s) in full
Surname(s)
26. Usual residence
Postcode
H Documents to be submitted by you with this Notice
If you are unable to produce your birth certificate, state the
reason here.
27. FOR ALL PERSONS
Is your birth certificate enclosed?
(tick box)
YES
NO
28. IF YOU ARE DIVORCED, YOUR PREVIOUS MARRIAGE
WAS ANNULLED OR YOUR PREVIOUS CIVIL
PARTNERSHIP HAS BEEN DISSOLVED OR ANNULLED
Is your decree of divorce, annulment
or dissolution enclosed? (tick box)
YES
NO
29. IF YOUR FORMER SPOUSE OR CIVIL PARTNER IS
DECEASED
Is the death certificate of your former
YES
NO
spouse or Civil Partner enclosed?
(tick box)
30. IF YOU ARE A PERSON WHO IS SUBJECT TO THE
MARRIAGE LAWS OF A COUNTRY OUTSIDE THE
UNITED KINGDOM
Have you enclosed a certificate of no
impediment to marriage issued by a
competent authority in that country?
(tick box)
YES
Is your marriage certificate enclosed?
(tick box)
YES
If you are unable to produce a death certificate of your
previous spouse or Civil Partner, state the reason for not
doing so. The registrar will require proof of the death.
If you are unable to produce such a certificate, state the
reason. If you have resided in the UK for at least two years
immediately before submitting the notice, you need not submit
a certificate of no impediment, but should state how long you
have been resident in the UK.
NO
31. IF YOU ARE IN AN EXISTING CIVIL PARTNERSHIP
Is the relevant extract from the
Scottish Civil Partnership register (your YES
Civil Partnership certificate) or your
Civil Partnership certificate from
outwith Scotland enclosed? (tick box)
32. IF YOU ARE IN AN EXISTING MARRIAGE
If you are unable to produce the official decree of divorce or
annulment or decree of dissolution or annulment of Civil
Partnership, state the reason for not doing so. The registrar
will require proof of the termination of the earlier marriage or
Civil Partnership.
If you are unable to produce the extract from the Scottish Civil
Partnership register relating to your Civil Partnership, or your
Civil Partnership certificate from outwith Scotland, state the
reason for not doing so. The registrar will require proof of the
Civil Partnership.
NO
If you are unable to produce your marriage certificate, state
the reason for not doing so. The registrar will require proof of
the marriage.
NO
33. DECLARATION
I solemnly declare that
(1) I am the person named at B3;
(2) I and the person named at Part G intend to be married on the date and at the place entered in Part A;
(3) there is no impediment caused by a relationship of consanguinity, affinity or adoption and that I know of no other
legal impediment to our marriage;
(4) all the particulars and other information given by me on this notice are correct to the best of my knowledge and belief and
(5) each document submitted by me in accordance with Part H of this notice is genuine.
Signed…………………………………………………………………………………….. Date……………………………………………
Note: Any person who supplies false information to a registrar or uses, gives or sends any certificate, document or
declaration required for purposes of this Marriage Notice which is false or has been forged in any way is liable to
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prosecution.