Government to publish guidance on emergency marriages

Guidance on how to apply for an emergency marriage or civil partnership during the COVID-19 (Coronavirus) pandemic is to be published.

People near death, or about to be posted overseas, could benefit from the clarification – though the Scottish Government says registrars already have power to proceed in such cases.

The Government will work with National Records of Scotland to set out guidance on the kinds of occasions where an emergency marriage or civil partnership is allowed and how to apply for them, Constitution Secretary Michael Russell has confirmed.

MSPs on Holyrood's COVID-19 Committee raised the issue as they considered the Coronavirus (Scotland) (No 2) Bill at stage 1. They asked Mr Russell whether consideration had been given to making provisions in the bill to allow marriages and civil partnerships to take place, in particular in exceptional circumstances such as where an individual is dying or is about to go overseas.

Mr Russell responded that registrars already have powers to allow marriages and civil partnerships in such circumstances, and was then asked, if this was the case, why it did not appear to be happening. Writing to Mr Russell after the evidence session, the committee welcomed the commitment to provide more information to the public on these arrangements and on who to contact, while requesting further clarification regarding the extent to which, if these powers already exist, marriages and civil partnerships in exceptional circumstances are already happening. 

Speaking as Parliament consented to the general principles of the Coronavirus (Scotland) (No2) Bill at stage 1, Mr Russell said: "We all want to be in a position where we can see marriages and civil partnerships fully starting up again across the country, but that is sadly not possible.

"But there are people facing extremely difficult circumstances who want to show their love and commitment to each other, such as where a partner is to be posted overseas by the armed forces or is sadly terminally ill, and we want to do all we can to help.

"We will now work as a matter of urgency with National Records of Scotland to produce clear guidance on how people in such situations can apply for a civil partnership or to get married."