Publication - Factsheet

Marriage and civil partnership guide

Published: 15 Nov 2021
Directorate:
Justice Directorate
Part of:
Children and families, Equality and rights
ISBN:
9781800047044

A short guide on marriage and civil partnership in Scotland.

Marriage and civil partnership guide
Marriage and civil partnership at a glance

Marriage and civil partnership at a glance

To provide an overview of what marriage and civil partnership might mean in reality for a couple, meet Mr Green and Ms Yellow.

Mr Green and Ms Yellow have decided they want to make a lasting, legal commitment to each other.

What will marriage or civil partnership mean for them?

This example uses a mixed sex couple. If the example was of a same sex couple, there can be some differences in how they might obtain parental responsibilities and rights.

If they get married…

If Ms Yellow has a baby while married to Mr Green, Mr Green will be presumed to be the father.

Mr Green and Ms Yellow will both have parental responsibilities and rights.

If either Mr Green and Ms Yellow die, the surviving spouse will have certain rights in relation to their estate.

If they decide to end their relationship:

  • they will need to think about what might be best for any children they have
  • they might be able to agree some matters through alternative dispute resolution
  • they might be entitled to seek a court order relating to money and other assets.

If they go to another country for a holiday or to live, it is very likely that their marriage will be recognised.

If they enter a civil partnership…

If Ms Yellow has a baby while in the civil partnership, Mr Green will be presumed to be the father.

Mr Green and Ms Yellow will both have parental responsibilities and rights.

If either Mr Green and Ms Yellow die, the surviving civil partner will have certain rights in relation to their estate.

If they decide to end their relationship:

  • they will need to think about what might be best for any children they have
  • they might be able to agree some matters through alternative dispute resolution
  • they might be entitled to seek a court order relating to money and other assets.

If they go to another country for a holiday or to live, their civil partnership might not be recognised.


Contact

Email: DLECJBCLLSFPL@gov.scot