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The Marriage (Scotland) Act 1977 is the main current legislation regulating marriage.

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Historically, the law of marriage has developed differently in Scotland to other jurisdictions in the United Kingdom as a consequence of the differences in Scots law and role of the separate established Church of Scotland.These differences led to a tradition of couples from England and Wales eloping to Scotland, most famously to marry at border towns such as Gretna Green.The legal minimum age to enter into a marriage in Scotland is sixteen years and does not require parental consent at any age.A marriage by "cohabitation with repute" as it was known in Scots Law could still be formed; popularly described as "by habit and repute", with repute being the crucial element to be proved.

In 2006, Scotland was the last European jurisdiction to abolish this old style common-law marriage or "marriage by cohabitation with repute", by the passing of the Family Law (Scotland) Act 2006.Prior to this act, any citizen was able to witness a public promise.

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