UPDATE: Scotland is set to raise the legal marriage age to 18 years old in a groundbreaking move aimed at enhancing child protection. This significant proposal, announced by SNP ministers, comes as part of a major overhaul to the marriage laws, marking the first change in nearly a century.
The Scottish Government has launched a consultation to ban marriages for those under 18, seeking to align with England and Wales, where this reform has already been implemented. Community Safety Minister Siobhian Brown emphasized the need for this update, stating, “A marriage or civil partnership is a significant commitment… essential that it is entered into freely and for the right reasons.”
Currently, the legal marriage age in Scotland is 16, allowing minors to wed without parental consent. This has raised concerns over child safety, particularly regarding the vulnerability of young girls to coercion and grooming. Ash Regan, an independent MSP, expressed that child marriage is a hidden crime that requires immediate action, asserting, “I want to see new safeguards to prevent coerced marriages for under-18s.”
In the past decade, there were 276 marriages involving at least one partner aged 16 or 17. Alarmingly, 73 percent of these instances involved girls marrying older men. Data shows a decline in such marriages, from 50 marriages in 2013 to 21 in 2023, yet advocates argue that this is not enough to ensure protection for minors.
Despite the push for reform, there are concerns about potential inconsistencies with existing laws, especially since the legal age for consent to sexual activity remains at 16. This could lead to situations where young parents, aged 16 or 17, would be unable to marry, complicating their legal rights concerning parental responsibilities.
The consultation document also notes that while proponents argue that raising the marriage age enhances protections, critics question the extent of harm caused by allowing younger individuals to marry. The debate continues as the Scottish Government seeks to balance modern legal standards with historical practices.
Additionally, the consultation will explore updating the definition of “cohabitant” in inheritance cases and streamline divorce procedures for couples with children under 16. The aim is to create a legal framework that reflects the needs of contemporary Scotland, ensuring fairness and transparency.
This urgent consultation represents a pivotal moment in Scottish family law, with implications for the rights and protections of young individuals across the nation. The government is calling for public input, underscoring the importance of this issue for Scottish families and society at large.
As the consultation progresses, all eyes will be on Scotland to see how these proposed changes unfold and their potential impact on future generations.
