THE Scottish Government has confirmed it will launch a consultation on raising the minimum age for marriage and civil partnerships.
In a written question, Alba MSP Ash Regan highlighted to the Scottish Government that the UN defines any formal marriage or informal union between a child under the age of 18 and an adult, or another child, as child marriage, and asked what action it intended to take.
Scottish Minister for Victims and Community Safety Siobhan Brown has confirmed in response that the Government intends to look into raising the minimum marriage age from 16 to 18.
The Scottish Government will also consult on whether to legislate to extend the existing forced marriage or forced civil partnership offence so that any conduct with the intention of causing a person under 18 to marry or enter a civil partnership would be a criminal offence, including where there is no evidence of coercion.
It is anticipated that the consultation will be published later this year.
Regan said she is concerned about girls being left vulnerable to coercion and grooming in Scotland's current marriage system.
She said: "Child marriage is a hidden crime, but I am concerned that it is very much a live issue in Scotland and across the UK.
“In Scotland, the legal age is 16 and no parental consent is needed. Campaigners have previously highlighted that this leaves girls vulnerable to grooming and coercion.
"I want to see new safeguards to prevent coerced marriages for under-18s, to protect their childhoods and their life chances , so I welcome that the Scottish Government has confirmed to me that they will consult on the matter before the end of this year.”
As things stand, Scotland's marriage laws are different to those in England and Wales.
You can get married in Scotland if you are 16 or over and are "capable of understanding what marriage means and of consenting to marriage". No parental consent is required.
The minimum age for marriage in England and Wales is 18. Previously, parental consent was needed for those 16 and 17 that wished to marry, but this was dropped in 2023.
If you live in England and Wales and want to get married aged 16 or 17, you can get married in Scotland but this would not be recognised in England and Wales.
The response to Regan from Brown said: "The Scottish Government is committed to consulting on whether we should legislate to raise the minimum age of marriage and civil partnership to 18 from 16.
"We will also consult on whether to legislate to extend the existing forced marriage or forced civil partnership offence so that any conduct with the intention of causing a person under 18 to marry or enter a civil partnership would be a criminal offence, including where there is no evidence of coercion.
"The consultation will also seek views on other aspects of family and succession law."
