Right, let’s talk about the legal side of getting married in Scotland.
But first… a disclaimer. This information is, to the best of our knowledge, accurate and correct at the time of writing in October 2025. This blog post does not constitute legal advice and we cannot be held responsible or liable if any of the information is incorrect. We always recommend you take appropriate advice before filling in legal forms or paperwork.
We know. Legal stuff isn’t the exciting part. You want to think about mountain ceremonies and dramatic photos, not paperwork and government forms. But here’s the thing – if you don’t get the legal bit sorted properly, you’re not actually married.
So let’s try to make this as painless as possible.
The good news? Getting legally married in Scotland as an American is surprisingly straightforward. Much easier than most US states, actually. No blood tests (OK, we know thats not a thing anymore), no waiting periods after you arrive, no residency requirements.
The potentially annoying news? You need to plan ahead. Scotland requires at least 29 days’ notice before you can get married, and there are specific forms you need to submit.
But don’t worry. We’ve helped hundreds of American couples navigate this process over the years, and we’re going to walk you through exactly what you need to do.
The Basics: What You Need to Know
You absolutely can get legally married in Scotland as a US citizen. No restrictions, no complicated requirements beyond what we’ll explain below.
Your Scottish marriage certificate is valid in the US. You don’t need to get remarried when you get home. Scotland and the US have reciprocal recognition of marriages.
You can get married anywhere outdoors. This is massive. Scotland is one of the few countries where you can have a legal ceremony on a mountain, by a loch, in front of a castle ruin – anywhere. You’re not restricted to licensed venues.
You’ll work with a celebrant or registrar. They’re the ones legally authorised to marry you. We can’t help you with the legal paperwork (it’s not allowed for photographers to do this), but your celebrant absolutely can and will guide you through everything.
Do Americans Need a Visa to Get Married in Scotland?
This depends on why you’re coming and whether you plan to stay in the UK afterwards.
If you’re just visiting to get married and then leaving:
Most Americans do NOT need a visa to visit the UK for tourism. However, if your primary purpose for visiting is to get married, you technically should apply for a Marriage Visitor visa.
Marriage Visitor visa:
- Cost: £127 (around $165)
- Processing time: Usually 3 weeks
- Valid for: 6 months
- Apply: Earliest 3 months before you travel
- What it allows: Get married in the UK and leave afterwards
- What it doesn’t allow: Work or settle in the UK
Can you just come on a standard tourist visit without a visa?
Technically, if your main purpose is to marry, you should get the Marriage Visitor visa. However, many Americans do enter visa-free for tourism. If you’re combining your elopement with a holiday and happen to get married during your trip, this is generally fine. But if border control asks your purpose and you say “getting married”, they may question why you don’t have the Marriage Visitor visa.
Our take: If getting married is your primary reason for the trip, get the Marriage Visitor visa to avoid any complications. If you’re visiting Scotland for a holiday and also getting married, you’re probably fine entering visa-free, but be prepared to show proof of your plans (return flights, accommodation bookings, etc.).
If you want to live in the UK after getting married:
That’s a completely different visa (Family visa/Spouse visa – currently £1,846) and involves different requirements. That’s not what this guide is about, so we won’t cover it here.
The Timeline: When to Do What
Here’s the critical bit. You need to have your paperwork submitted at least 29 days before your wedding date. Not 28 days. Not “roughly a month”. At least 29 full days.
This is a legal requirement set by the Scottish government, and there’s no way around it unless there are exceptional circumstances (like terminal illness).
Our recommendation: Start the process 3 to 4 months before your elopement date. That gives you breathing room for any hiccups, postal delays or missing documents.
The Step-by-Step Timeline
4 months before your elopement:
- Book your celebrant (the good ones get booked up, especially for autumn)
- Start gathering your documents
3 months before (earliest you can submit):
- Submit your Marriage Notice (M10 form) to the Scottish registrar
- Pay the statutory fee
29 days before your elopement (absolute minimum):
- This is the latest you can submit your notice
Within 7 days before your ceremony:
- Collect your Marriage Schedule from the registrar
- Only you or your partner can collect it (no one can collect it on your behalf)
Your elopement day:
- You bring the Marriage Schedule to your ceremony
- You sign it along with your two witnesses and your celebrant
- Congratulations, you’re legally married
Within 3 days after your elopement:
- The Marriage Schedule must be returned to the registrar
- This can be done by you, your partner or someone else on your behalf
A few weeks later:
- You can collect or have posted your official marriage certificate
What Documents You’ll Actually Need
Here’s what you need to submit with your Marriage Notice:
Essential Documents for Everyone:
1. Birth certificate Your original birth certificate or a certified copy. This should be the full version showing your parents’ names, not an abbreviated version.
If you can’t find yours, order a replacement from your state’s vital records office. This usually takes 2 to 4 weeks.
2. Valid passport You’ll need your actual passport to prove your nationality. If you were born in the UK after 1 January 1983, you’ll need your passport regardless. If you were born in the UK before 1983, your birth certificate alone is sufficient for nationality proof.
3. Proof of address A utility bill, bank statement, council tax bill or driving licence showing your current address. Must be dated within the last 3 months.
If You’ve Been Married Before:
Divorced? You’ll need your original decree absolute (the final divorce decree) or a certified copy. A decree nisi is NOT acceptable.
Widowed? You’ll need the death certificate of your former spouse.
Scotland won’t let you marry again without proof that your previous marriage legally ended.
If You’re a Non-UK National (Which You Are):
Declaration of Status by Non-UK Nationals form Every American getting married in Scotland must complete this form. It’s mandatory. You can download it from the National Records of Scotland website.
Certificate of No Impediment (CNI) If you’ve lived outside the UK for less than 2 years, you may need to provide a Certificate of No Impediment from the US stating you’re free to marry. Check with your registrar about whether this applies to you.
However, if you’ve lived in the UK for 2 years or more, you don’t need this certificate.
If Any Documents Aren’t in English:
You’ll need certified translations of any documents not in English or Welsh.
The Forms You Need to Complete
M10 Marriage Notice Form (both of you) Each person must complete their own M10 form. You can download this from the National Records of Scotland website.
Witness Details Form Lists who your two witnesses will be.
Declaration of Status by Non-UK Nationals (both of you) Required for all non-UK citizens.
Foreign Divorce Questionnaire (if applicable) If either of you were previously married outside the UK and that marriage ended in divorce.
How to Actually Submit Your Notice
You submit your Marriage Notice to the registrar in the district where you’re getting married, not where you live.
Timing:
- Earliest: 3 months before your wedding date
- Latest: 29 days before your wedding date
- Recommended: 10-12 weeks before
How to submit:
Most registrar offices now accept submissions by post. Some accept online submissions or in-person appointments. Check with the specific registrar office for your area.
By post: Send your completed forms and photocopies of your documents (NOT originals at this stage) to the registrar. Use tracked shipping.
You’ll need to show your original documents before your wedding, but the initial submission can be photocopies.
The fee:
The statutory fee for submitting marriage notices in Scotland is currently between £90-£100 total for both people (£45-£50 each). This fee is set by the Registrar General for Scotland.
Different council areas charge slightly different amounts, so check with your specific registrar.
This fee is non-refundable even if you cancel.
The Marriage Schedule: Your Most Important Document
After your notice is approved and the 29-day period has passed, the registry office will issue your Marriage Schedule.
This is THE legal document that makes your ceremony legally binding. Without it, you’re not legally married.
Collection:
For religious or belief ceremonies (which includes humanist and independent celebrants), the Marriage Schedule is issued no more than 7 days before your wedding.
You must make an appointment to collect it from the registrar.
CRITICAL: Only you or your partner can collect the Marriage Schedule. It cannot be collected by anyone else – not your celebrant, not a family member, not a friend.
At this appointment, you’ll also need to show your original documents (passports, birth certificates, etc.) if you haven’t already.
For civil ceremonies:
If you’re having a registrar marry you at a registry office, the registrar will have the schedule at your ceremony. You don’t need to collect it separately.
After your ceremony:
The signed Marriage Schedule must be returned to the registrar within 3 days. This can be done by you, your partner, a family member, a friend or your celebrant.
The registrar then registers your marriage and will post out your marriage certificate a few weeks later.
Witnesses: You Need Two
Scottish law requires two witnesses at your ceremony. They must be at least 16 years old and capable of understanding what they’re witnessing.
Options:
- Bring family or friends with you
- Your photographer can be a witness (we’ve done it many times)
- Your celebrant can often arrange witnesses
- Friendly strangers (yes, really – we’ve seen couples ask hikers on mountains)
Your witnesses don’t need to be Scottish, don’t need to speak fluent English and don’t need any special qualifications. They just need to be present and willing to sign the schedule.
Celebrants vs Registrars: Which Should You Choose?
Registrars are government officials. They’re cheaper (ceremony fees vary by council, typically £150-£500 depending on location and day) but you can only get married at specific approved locations. This severely limits your options – no random mountains or beaches.
Celebrants (religious, belief or humanist) are independent but legally authorised to perform marriages. They cost more (typically £400-£800) but they can marry you literally anywhere in Scotland. Mountain top? Yes. Beach at sunset? Absolutely. Forest clearing? Go for it.
For most couples eloping to Scotland, a celebrant is the obvious choice. The whole point is getting married somewhere epic, and celebrants make that legally possible.
Can You Have a Symbolic Ceremony Instead?
Yes, and some couples do this.
A symbolic ceremony means you handle the legal paperwork back home in the US (quick courthouse wedding or getting ordained online to marry yourselves) and then have your “real” ceremony in Scotland without the legal bit.
Why some couples choose this:
- Avoids the 29-day notice requirement
- Can plan truly last-minute trips
- Simplifies paperwork
- Some US states have easier legal processes
Why most couples go fully legal in Scotland:
- You’re already here, might as well make it official
- Your wedding date is actually your legal wedding date
- Feels more “real” to most people
- One less thing to sort at home
There’s no wrong answer. Both are completely valid.
What About After You Get Home?
Your Scottish marriage certificate is legally valid in the US. You don’t need to register it with any US authority or do anything special.
What you’ll need to do:
- Change your name on your passport (if you’re taking your partner’s surname)
- Update your social security card
- Change your name on bank accounts, insurance, etc.
The process is exactly the same as if you’d gotten married in the US. You just use your Scottish marriage certificate as proof.
Getting copies of your certificate:
You can order additional certified copies from the Scottish registry office if you need them for various agencies. Most couples order 2 to 3 copies.
Each additional copy costs £15 (first copy costs £15, additional copies of the same certificate cost £10 each if ordered at the same time).
Common Questions We Get Asked
Do we need to visit Scotland before our elopement to submit paperwork? No. Everything can be done remotely by post until you arrive for your actual elopement.
What if we want to get married sooner than 29 days? You can’t legally marry in Scotland unless there are exceptional circumstances (terminal illness, for example) and the Registrar General specifically authorises it. Your options are either a symbolic ceremony or postponing your date.
Can we use our US marriage licence in Scotland? No. You need to follow Scottish law and get a Scottish Marriage Schedule.
Do we need witnesses if we’re eloping alone? Yes. Scottish law requires two witnesses, no exceptions. But this is easy to sort – your photographer can be one, your celebrant can help arrange others, or you can ask friendly locals.
How long does it take to get our marriage certificate? Usually 2 to 4 weeks after your ceremony. You can collect it in person from the registry office or have it posted to you (tracked international shipping is recommended if posting to the US).
What if we can’t find our birth certificate? Order a replacement from your state’s vital records office immediately. Do this early – it can take several weeks.
Can same-sex couples get married in Scotland? Absolutely. Scotland legalised same-sex marriage in 2014 and the process is identical for all couples.
What if one of us isn’t American? No problem. The requirements are the same regardless of nationality. Both of you will complete the Declaration of Status by Non-UK Nationals form if neither of you is British.
What happens if our documents are rejected? The registry office will contact you if there’s an issue. This is rare if you submit everything correctly. Your celebrant will help prevent this by checking everything beforehand.
Can our celebrant collect our Marriage Schedule for us? No. According to official Scottish government guidance, only you or your partner can collect the Marriage Schedule. It cannot be collected by anyone else on your behalf.
Do we both need to go to collect the Marriage Schedule? No, only one of you needs to attend the collection appointment.
Why We Can’t Help With Paperwork (But Your Celebrant Can)
Quick note on this because couples sometimes ask us.
We can’t help you fill out forms or submit your Marriage Notice. It’s not legal for photographers to assist with official marriage paperwork in Scotland.
But your celebrant absolutely can and will help you with everything. That’s literally part of what they do. They’ll:
- Tell you exactly what documents you need for your specific situation
- Check everything is correct before you submit
- Liaise with the registry office if needed
- Guide you through the entire legal process
- Make sure everything runs smoothly
This is why choosing an experienced celebrant matters. You want someone who knows the process inside out and has worked with American couples before.
How to Find a Good Celebrant
Your celebrant is one of the most important decisions you’ll make for your elopement. They’re not just handling the legal stuff – they’re creating your ceremony and setting the tone for your day.
What to look for:
- Experience with American couples (they’ll understand US documents and the process)
- Knowledge of the areas where you’re planning to elope
- Warm personality that you connect with
- Willingness to personalise your ceremony to your story
- Clear and transparent about fees
Where to find them:
We work with experienced celebrants we trust who specialise in elopements and know how to work with American couples. Get in touch and we’ll connect you with someone brilliant.
The Bottom Line: Your Action Plan
Getting legally married in Scotland as an American requires planning but isn’t complicated:
- Book your celebrant early (4+ months before is ideal)
- Gather your documents (passport, birth certificate, proof of address, divorce decree if applicable)
- Complete your M10 forms and Declaration of Status by Non-UK Nationals
- Submit your Marriage Notice at least 29 days before your wedding (but ideally 10-12 weeks before)
- Pay the statutory fee (around £90-£100 total)
- Collect your Marriage Schedule within 7 days before your ceremony (you or your partner must do this in person)
- Bring the Schedule to your ceremony and get it signed
- Return the Schedule within 3 days after your ceremony
- Receive your marriage certificate a few weeks later. Some offices can provide on the day if agreed in advance.
The 29-day notice period is the only thing that requires strict planning. Everything else? Your celebrant will guide you through it step by step.
Cost Summary
Here’s what the legal side will cost you:
- Marriage Visitor visa (if required): £127 ($165) per person
- Marriage Notice statutory fee: £90-£100 ($115-$130) total for both of you
- Celebrant fee: £400-£800 ($520-$1,040) depending on location and experience
- Marriage certificate: £10 ($13) for the first copy (included in notice fee for religious/belief ceremonies)
- Additional certificate copies: £15 ($19) each
Total legal costs: Roughly $650-$1,200 depending on whether you need the visa and which celebrant you choose.
Ready to Start Planning?
If you’re thinking about eloping to Scotland and want to make sure the legal side is handled properly, we can help connect you with experienced celebrants who work with American couples regularly.
We’ll also help you figure out the perfect locations, timing and how to make your elopement day absolutely incredible. That’s the fun bit.
Get in touch and let’s start planning your Scottish adventure.
Official sources for this information:
- National Records of Scotland
- UK Government Marriage Visitor visa guidance
- Scottish local council registrar offices
This information is accurate and correct at the time of writing in October 2025. This blog post does not constitute legal advice and we cannot be held responsible or liable if any of the information is incorrect. We always recommend you take appropriate advice before filling in legal forms or paperwork.
