This will of course vary depending on the country you are getting married in and we would recommend that you investigate this fully before making further arrangements. In many countries you will require to provide:
You should also ensure you have notarised copies and translations of these documents before you head off for the wedding.
Many countries also request a “certificate of no impediment” (CNI). Such certificates are valid for three months if issued in Scotland. To get a CNI in Scotland you should arrange an appointment with the UK registry office. It will then likely require to be notarised and translated in advance of your wedding.
Your marriage or civil partnership will be automatically recognised in Scotland so long as: –
There is no requirement nor option to register your overseas marriage in Scotland.
Given you cannot register your overseas marriage in Scotland, it is important that you keep your original marriage certificate safe. It is also advisable that you obtain a translated notarised copy (or even better a number of copies) to keep with the original, so you are able to provide both in the event you require to prove your marriage status.
The person conducting your wedding ceremony will normally be able to tell you how to get a marriage certificate, but you may wish to investigate this in advance of the wedding.
The first step should be to make enquiries about obtaining a copy in the country your marriage took pace. They may have a national register where you able to obtain a copy for a small cost.
In Scotland there is the option to apply to the court for a declarator of marriage. However, this can be expensive and time consuming so should only be used as a last resort where a declarator of marriage is completely necessary e.g. where you are seeking a divorce and need to give the court proof of your marriage.
Despite common misconceptions, Pre-Nuptial Agreements are not just for the rich and famous. If drafted correctly, a Pre-Nuptial Agreement is a legally binding contract which can narrate how assets and liabilities will be divided in the event of separation. This can include ringfencing assets such as investments, properties and business interests to protect your individual wealth.
It is important to start discussing the possibility of a Pre-Nuptial Agreement as soon as possible after you get engaged. This allows sufficient time for the terms of the agreement to be negotiated and finalised well in advance of your wedding. Leaving these discussions to the last minute can create greater stress on the lead up to your wedding and may make it difficult to have the agreement finalised and signed in good time before the wedding.
If you had not considered a Pre-Nuptial Agreement in advance of your wedding and would like to ringfence your pre-marriage assets or assets you are due to acquire, this can be resolved. You can enter into a Post-Nuptial Agreement. This is a binding legal agreement similar to a Pre-Nuptial Agreement aside from that it has been entered into by couples who are already married.
If you are considering divorce, you do not require to return to the country in which you got married to obtain this. Your ability to get divorced in Scotland is dependent on jurisdiction. The Scottish courts will have jurisdiction if: –
As mentioned above, you will need to provide the court with your original marriage certificate or an official copy, together with a certified translation of the certificate if required.
BTO’s Family Law Team is able to help you with all manner of enquiries relating to preparing for marriage. Please do not hesitate to contact us.
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