Caroline Gillespie

In 2024, Scotland became the first UK nation to bring the United Nations Convention on the Rights of the Child (UNCRC) into domestic law. But it remains the only part of the UK where a 16-year-old can legally marry without parental consent – an age the UNCRC defines as a child. That creates a clear inconsistency, and one with real implications for the safety of young people.

According to data from the National Records of Scotland, 38 men and 78 women aged 16-19 were recorded as getting married in 2023. While early marriage is now rare, legal safeguards remain vital to protect those still at risk, particularly in situations where pressure may go unnoticed. Though the figures are small, it should not go unnoticed that the number of women marrying young is more than double the number of young men.

Most 16-year-olds in Scotland are still in school. Yet, they can still legally marry. Unlike many other legal processes involving young people, there are no formal safeguarding checks required before the marriage takes place, raising obvious questions about protection, welfare, and oversight.

The current system offers limited mechanisms to detect or prevent coercion in cases where a young person may be groomed into marriage. Once a legal marriage takes place, it can become much harder to intervene, particularly when the individual is already isolated or under family pressure. Without statutory checks or independent advice built into the process, risks may go entirely unnoticed.

Forced marriage is already illegal in Scotland, and courts can step in when there are concerns. But not every young person will speak up, especially if they are under pressure. Having a clear legal age of 18 helps create a safeguard that doesn’t rely on a very young, and possibly immature, person having the courage to ask for help.

Scotland’s law also allows under-18s from other parts of the UK to travel here to marry, bypassing rules in their home nations.

Raising the minimum age to 18 could close the gap. It would make sure the law is clear and consistent, not just with the rest of the UK, but with the UNCRC.

As a family lawyer, I often see how decisions made too early can have lasting effects, particularly where there hasn’t been time, support, or maturity to fully understand what’s involved or the consequences and implications.

This consultation is a chance to bring Scotland’s marriage law in line with the Convention and to better protect young people. Setting the legal minimum at 18 would be a simple, practical step, and one that sends a clear message: childhood is for children to be children.

Caroline Gillespie is a partner in the family law team at Weightmans