Swept along by the magic of Christmas and the blur of Hogmanay, many a soul will be getting down on bended knee to propose to their beloved this festive season, followed of course by a not-very-romantic-but-eminently-sensible trip to Brodies to get a pre-nup drafted. Thinking of really going for it and combining your nuptials with an exotic holiday in 2020? Here's what you need to know...
What will I need to take with me?
Passport, wedding attire, suncream, guests... But what will you need with you in order to make it legal? That will come down to the specific requirements of the country in which you intend to marry, so it is advisable to look into this well in advance of getting your flights booked. In many countries you may need to provide a "certificate of no impediment" prior to marrying. Such certificates are valid for three months if issued in Scotland. There is a helpful guide available here.
Will my overseas marriage be legally recognised in Scotland?
Probably, provided that the marriage takes place in accordance with the law of the country in which you marry. There are some exceptions relating primarily to capacity, so if you have any queries it is best to contact us first to check the position.
Do I need to register my marriage when I come back to Scotland?
In a word: no. Foreign marriages cannot be registered in Scotland and it is no longer possible to deposit marriage documents issued overseas with the National Records of Scotland. So be sure to keep your foreign marriage documents somewhere safe.
I wish I'd made a pre nup!
All is not lost! If you are still quite happily wed but would like to get an agreement in place (and your spouse or civil partner is amenable) the Family team at Brodies can assist you in preparing a post-nuptial agreement. As part of that agreement it is possible to state that matters will be dealt with in Scotland in the event of any future permanent separation.