Marriage (Scotland) Act 1977

3 Notice of intention to marry.S

(1)Subject to subsections (2) to (4) below, each of the parties to a marriage intended to be solemnised in Scotland shall submit to the district registrar a notice, in the prescribed form, of intention to marry (in this Act referred to as a “marriage notice”) [F1accompanied by] [F1 and ] the prescribed fee, his birth certificate and—

(a)if he has previously been married and the marriage has been dissolved, a copy of the decree of divorce, dissolution or annulment;

[F2(aa)if he has previously been in civil partnership and the civil partnership has been dissolved, a copy of the decree of dissolution or annulment;]

(b)in the case of a widow or widower, the death certificate of the former spouse;

(c)in any case where a certificate is required under subsection (5) below, that certificate.

[F3(d)where he is related to the other party in a degree specified in paragraph 2 of Schedule 1 to this Act, a declaration in the prescribed form stating—

(i)the degree of relationship; and

(ii)that the younger party has not at any time before attaining the age of 18 lived in the same household as the other party and been treated by the other party as a child of his family.]

(2)If a party is unable to submit his birth certificate or any document referred to in paragraph (a) [F4, (aa) ] or (b) of subsection (1) above, he may in lieu thereof make a declaration stating that for reasons specified in that declaration it is impracticable for him to submit that certificate or document; and he shall provide the district registrar with such—

(a)information in respect of the matters to which such certificate or document would have related; and

(b)documentary evidence in support of that information,

as the district registrar may require.

(3)If any document submitted under subsection (1) above is written in a language other than English, the party submitting it shall [F5attach to that document] [F5 also submit] a translation of it in English certified by the translator as a correct translation.

[F6(3A)A person submitting a notice under subsection (1) above shall make and attest in the prescribed manner the necessary declaration (the form for which shall be included in any form prescribed for the notice).

(3B)The necessary declaration is a declaration that the person submitting the notice believes that the parties to the marriage are eligible to be married to each other.]

(4)Where a party to a marriage intended to be solemnised in Scotland is residing in another part of the United Kingdom, he may submit to the district registrar a valid certificate for marriage (in this Act referred to as an “approved certificate”) issued in that other part; and where that party so submits an approved certificate, he need not, unless the Registrar General so directs, comply with the other provisions of this section.

(5)A party to a marriage intended to be solemnised in Scotland who is not domiciled in any part of the United Kingdom is required, if practicable, to submit under subsection (1)(c) above a certificate, issued by a competent authority in the state in which the party is domiciled, to the effect that he is not known to be subject to any legal incapacity (in terms of the law of that state) which would prevent his marrying: