Is Gretna Green Going To Become Popular Again For Runaway Couples?

• Law Firm: Weightmans
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Author: Noel Ferry and Fiona Turner
• Published date: 06 April 2023

The legal age for marriage in England and Wales has risen to 18.

A recent change in English marriage laws may unintentionally create an increase in couples travelling across the border to Gretna Green to get married, just like days of old!

After the recent move in England to make divorce easier by introducing no-fault divorces, by contrast the English legal system has now made it more difficult to get married in the first place.

The recent change, increasing the age of consent for marriage to 18 in England, has led to quite a significant difference between the legal positions north and south of the border in terms of when a person can get married. It also opens a fresh debate about what age is deemed appropriate to get married in any civilised society and how far should the state intervene in personal relationships and the like with arbitrary age restrictions.

On the age allowed for marriage itself, clearly there is now an increasing difference of opinion between Scotland and England on that point, let alone other nations.

Scotland

In Scotland, the age of consent for marriage is still 16 and that has been the case since the Marriages (Scotland) Act 1977. In the past, the age of majority in Scotland has been as low as 12 for girls and 14 for boys - boys were deemed to mature much later than girls, which some may suggest is still as true today as it was then!

The age of 16 was however deemed a more appropriate age in the modern era. That age fits with other legislation, including the right to vote in Scotland and the age of consent for sexual intercourse.

England

The position in England has now become more conservative. The Marriage and Civil Partnership (Minimum Age) Act 2022, which gained Royal Assent in April last year, came into force on 27 February 2023.

It means that 16- and 17-year-olds will no longer be allowed to marry or enter a civil partnership, even if they have parental consent.

Differences in approach

There seems a lack of cohesion in both countries with other age restrictions too, particularly because some of those age restrictions are set by UK law and some by devolved law.

For example, bizarrely, in Scotland you can vote and get married at 16 but not drive to the wedding or have alcohol to celebrate.

In England you can get a driving license before you can get married but not vote to change the law.

Even sentencing practice in criminal courts for teenagers differs in each country depending on their age.

Where does this leave us?

The main...