Scottish Government Proposes Raising Minimum Marriage Age to 18

12 July 2026

The Scottish Government has recently initiated a consultation to consider raising the minimum age for marriage and civil partnership from 16 to 18. This move aims to enhance the protection of young individuals and aligns with recommendations from the United Nations Committee on the Rights of the Child, which advocates for prohibiting marriages involving individuals under 18 to safeguard their well-being.

While marriages involving 16 and 17-year-olds are relatively uncommon in Scotland, the government is proactively seeking public opinion on this potential legislative change. The consultation also addresses the possibility of updating the existing forced marriage offence to criminalize actions intended to coerce individuals under 18 into marriage or civil partnership.

In addition to the proposed changes to marriage age, the consultation encompasses broader reforms to family and succession law. These include revising the definition of 'cohabitant' in cases where a partner dies without a will and simplifying divorce procedures for couples with children under 16, provided there are no disputes regarding their welfare.

At Thompson Family Law, we recognize the significance of these proposed reforms and their potential impact on families across Scotland. Raising the minimum marriage age to 18 could provide young people with additional time to mature and make informed decisions about their futures. Moreover, updating the forced marriage offence would offer stronger legal protections against coercion, ensuring that individuals enter into marriage or civil partnerships voluntarily.

We encourage our clients and the wider community to participate in this consultation process. Sharing your views can help shape the future of family law in Scotland, ensuring it reflects the needs and values of our society. If you have any questions or require guidance on how these potential changes might affect you or your family, please do not hesitate to contact us. Our team is here to provide clear, compassionate, and practical advice tailored to your unique circumstances.