Can Americans Actually Get Married in Scotland? The Legal Stuff, Explained

You’ve seen the photos. You’ve imagined the clifftop ceremony. But somewhere between daydreaming and actually booking flights, a question starts nagging: is this even legal? Will it count when we get home?

Yes. And yes.

But we know “yes” isn’t enough when you’re planning one of the most important days of your life. You want to understand exactly what’s required, what forms you’ll fill in, what fees you’ll pay and what happens if you mess something up.

So here’s everything we know after helping hundreds of American couples navigate this process over the past decade.

The Good News First

Let’s get the big questions out of the way.

Can US citizens legally marry in Scotland? Yes. No restrictions based on nationality.

Will our Scottish marriage be valid in the US? Yes. The United States recognises marriages that are legally performed in other countries. You don’t need to register it anywhere or do anything special when you get home. Your Scottish marriage certificate is your proof of marriage, full stop.

Can we get married outdoors? Yes. This is one of the biggest reasons people choose Scotland. Unlike most countries (and even other parts of the UK), Scotland allows legal ceremonies to take place virtually anywhere. Mountains, beaches, castle ruins, forests. You’re not restricted to licensed venues.

Do we need to be residents? No. There’s no residency requirement to marry in Scotland.

Now let’s get into the details.

The Timeline: What Needs to Happen When

This is where most people’s eyes glaze over, but it’s important. Get the timeline wrong and you could end up postponing your wedding.

3 months before: This is the earliest you can submit your marriage notice paperwork to the Scottish registrar. It’s also when you should apply for your Marriage Visitor visa if you need one (more on that below).

29 days before (minimum): Your completed paperwork must be with the registrar at least 29 days before your ceremony. This is a legal requirement, not a suggestion. The registrar needs this time to process your notice and check there are no legal reasons you can’t marry.

7 days before: If you’re having a religious or belief ceremony (as opposed to a civil ceremony with a registrar), you’ll need to collect your marriage schedule from the registry office. This is the document that gets signed on the day.

On the day: Get married. Sign the schedule. Breathe.

Within 3 days after: If you had a religious or belief ceremony, your signed marriage schedule must be returned to the registrar within 3 days so they can officially register your marriage.

The Visa Question

This is the bit that confuses most Americans, so let’s be clear.

Americans don’t need a visa to visit the UK as tourists. You can stay for up to six months on the standard visa waiver.

However, if your primary purpose for visiting the UK is to get married, the UK government says you should apply for a Marriage Visitor visa.

The technical position: If getting married is your main reason for the trip, you should get the Marriage Visitor visa. If border control asks why you’re visiting and you say “to get married” without the visa, they may question you about it.

The practical reality: Many American couples enter visa-free, combining their elopement with a broader holiday. If you’re visiting Scotland for tourism and happen to get married during your trip, this is generally fine. But if marriage is clearly the sole purpose, the Marriage Visitor visa removes any ambiguity.

Our recommendation: If getting married is your primary reason for visiting, get the visa. It costs £127, takes about three weeks to process and gives you peace of mind at the border. You can apply up to three months before travel on the UK government website.

The Marriage Visitor visa allows you to stay for up to six months. You cannot extend it, switch to another visa type, or use it to settle in the UK. It’s specifically for people who want to marry and then return home.

The Paperwork

Right. Here’s what you actually need to do.

Both of you need to complete:

The M10 Marriage Notice Form. This is the main form that tells the registrar you intend to marry. Each person fills in their own form. You can download it from the National Records of Scotland website.

The Declaration of Status by Non-UK Nationals. Because you’re not British, you’ll both need to complete this additional form. It’s straightforward but required.

The Celebrant and Witness Details Form. This tells the registrar who will be conducting your ceremony and who your witnesses will be.

Documents you need to provide:

Your birth certificate (original, not a copy). If you were adopted, your adoption certificate.

A valid passport.

Proof of your usual address. This is typically a utility bill dated within the last three months.

If you’ve been married before: your decree of divorce (must be absolute/final, not a decree nisi) or, if your former spouse died, their death certificate.

What Americans don’t need:

A Certificate of No Impediment. Many countries require this document to prove you’re free to marry. The US doesn’t issue them, and Scottish registrars know this. You’ll tick a box on the Declaration form confirming you’re not aware of any legal reason you can’t marry.

The Fees

Costs vary slightly depending on which council area you’re marrying in and whether you’re having a civil ceremony (conducted by a registrar) or a religious/belief ceremony (conducted by an authorised celebrant).

Statutory fees (these are set by the Registrar General and apply everywhere):

Marriage notice fee: approximately £90 total (£45 per person)

Marriage certificate: £10 if ordered at the time of registration, £15 if ordered later

If you’re having a civil ceremony:

You’ll pay the registrar’s office directly. Fees vary by location, day of week and whether you’re marrying in the registry office or having the registrar travel to a venue. Expect anywhere from £150 to £500+ depending on these factors.

If you’re having a religious or belief ceremony:

You’ll pay the statutory fees to the registrar, plus whatever your celebrant charges. Humanist celebrants, for example, typically charge £400-600+ depending on travel and the time involved.

Marriage Visitor visa (if applicable): £127

Total legal costs: Roughly £400-800, depending on your ceremony type and celebrant. This doesn’t include your photographer, accommodation, travel or anything else. Just the legal bits.

Witnesses

Scottish law requires two witnesses at every wedding. No exceptions.

If you’re eloping with just the two of you, this might sound like a problem. It isn’t.

Your photographer can be one witness. Your celebrant can often help arrange a second (many have trusted people they call on for exactly this situation). Alternatively, friendly locals, hotel staff or even strangers you meet are often happy to help. We’ve seen all of these work.

Witnesses must be 16 or older and able to understand the ceremony. That’s it.

Choosing Your Celebrant

In Scotland, you have three main options:

Civil ceremony with a registrar: The registrar is a government official who can legally marry you. You’ll book this through the local council’s registration office. Civil ceremonies can take place in a registry office or at an approved venue, but registrars generally can’t travel to remote outdoor locations.

Religious ceremony: If you want a ceremony conducted by a minister, priest or other religious figure, they must be authorised to perform marriages in Scotland. Contact them directly to confirm.

Belief ceremony (most common for elopements): This includes humanist celebrants and independent celebrants. Humanist Society Scotland celebrants are authorised to perform legal marriages and are popular for outdoor elopements because they’ll travel anywhere. This is what most of our couples choose. You book directly with the celebrant.

Whoever you choose, make sure they’re legally authorised to marry you in Scotland. If in doubt, check with the local registrar.

What Happens on the Day

The ceremony itself is surprisingly simple.

At some point during the ceremony, you’ll both need to make a declaration. The exact wording depends on whether it’s a civil, religious or belief ceremony, but the essence is the same: you’re confirming you’re free to marry and that you take each other as spouses.

You’ll exchange whatever vows you’ve agreed with your celebrant. These can be entirely personal. There’s no legally prescribed wording for vows in Scotland.

After the ceremony, you, your partner, your celebrant and your two witnesses will sign the marriage schedule. This is the legal document.

If you had a civil ceremony, the registrar takes care of registration. If you had a religious or belief ceremony, you (or your celebrant) must return the signed schedule to the registrar within three days.

After the Wedding

Your marriage certificate will be ready to collect from the registrar’s office, usually within two to four weeks. You can collect it in person or have it posted to you. If you’re having it sent to the US, use tracked international shipping.

Once you have your Scottish marriage certificate, you can update your passport (if changing your name), update Social Security records and change your name on bank accounts, driving licence and everything else.

The process is the same as if you’d married in the US. You just use your Scottish marriage certificate as proof.

Order at least two or three certified copies if you think you’ll need them for various agencies. Additional copies cost £10-15 each.

Common Questions

What if we want to get legally married at home and just have a symbolic ceremony in Scotland?

Completely valid option. Some couples do a quick courthouse wedding in the US, then have their “real” ceremony in Scotland without the paperwork stress. Your Scottish ceremony would be symbolic only, but no less meaningful.

Can same-sex couples marry in Scotland?

Yes. Scotland legalised same-sex marriage in 2014. The process is identical for all couples.

What if one of us isn’t American?

The requirements are broadly the same regardless of nationality, though non-UK nationals may need to provide additional documentation depending on their country. Check with the registrar.

What if we can’t find our birth certificate?

Order a replacement from your state’s vital records office immediately. This can take several weeks, so don’t leave it late.

Do we need to translate any documents?

If any of your documents aren’t in English, you’ll need a certified translation.

Where to Find Official Information

We’ve done our best to make this accurate and helpful, but always check the official sources:

National Records of Scotland – The official body responsible for marriage registration in Scotland. This is where you’ll find the forms and the most up-to-date requirements.

UK Government Marriage Visitor Visa – Everything you need to know about the visa application process.

mygov.scot – The Scottish Government’s guidance on getting married in Scotland.

Contact the registrar in the district where you plan to marry if you have specific questions. They deal with international couples all the time and can clarify requirements for your situation.

One Last Thing

We know this is a lot. Legal paperwork isn’t exactly romantic. But here’s the thing: hundreds of American couples do this every year. The process is well-established, the Scottish authorities are used to international couples, and once you’ve submitted your forms and paid your fees, you can forget about the admin and focus on the actual wedding.

That’s the good part. Standing on a Scottish mountainside, marrying the person you love, with nobody watching except the two of you and whoever’s holding the camera.

The paperwork is just the price of admission.

— Jodie & Matt

If you’re planning a Scottish elopement and want to chat about locations, timing or how we work, get in touch. We’re always happy to help point you in the right direction. Or if you’re ready to look at the details, check out our packages and pricing.

Looking for more? Head to our blog for guides on planning your Scottish elopement, location ideas and more of our work.