With Cliffs permission I'm forwarding this for the list's interest, there is also an update on the current position at the end: >From "Scottish Lore and Folklore" by Ronald Douglas comes the following: "Since the Scots Marriage Laws are likely to be of greater interest to readers living abroad, than reference to any of the other laws, I put this note second in importance to that on the Courts. Most people of Scottish descent, and any people who are at all interested in Scotland, know that the Marriage Laws of Scotland differ considerably from those of the rest of Europe;  but how, and where, they differ is a matter that is not fully understood even within Scotland itself. In the law of Scotland marriage is a simple contract, which is completed by nothing more formal than mutual consent.  There are no formalities necessary, and any boy over the age of fourteen, and any girl over the age of twelve, may contract a marriage without consent of parents or guardians. This simple form of marriage, or Irregular Marriage, is a survival of modes of marriage at one time general throughout Europe, Scotland having disregarded the decrees of the Council of Trent invalidating such marriages.  These irregular marriages are, in Scotland, thoroughly legal, and completely binding, and they can only be dissolved by death or legal divorce. There are three ways in which an irregular marriage may be contracted:  (1) By sincere mutual consent before two witnesses.  There need not be anything in writing, and it has even been held that the presence of witnesses is not a necessity if there is anything else to prove the mutual consent to the contract.  (2) By promise of marriage followed by intercourse on the faith of that promise.  The promise, however, must be definitely proved.  (3) By constantly living together as husband and wife, so establishing a consistent repute of marriage.  Marriage by the first method (the other two methods obviously not coming into the question) is only valid following a residence in Scotland of not less than three weeks.  But it is sufficient if only one of the parties to the marriage has resided in Scotland for three weeks or more.  That is to say, a foreigner (see under Foreigner) may come to Scotland, live in Scotland for three weeks, and then send for his bride, and marry her immedi! ately she sets foot in Scotland.  A native Scot, who has consistently lived out of Scotland for any length of time, is as subject to the residence qualification as a foreigner.  The residence qualification is the result of comparatively recent legislation, and is not part of the common law of Scotland. There is no stigma attached in anyway to an irregular marriage, or to those who contract one.  Irregular marriages may be registered, if the parties to such a marriage desire it, by their putting in an appearance before the Sheriff within three months.  On the Sheriff granting warrant, the Registrar registers the marriage for a fee of 5s. 1d. A Regular Marriage in Scotland is one which is celebrated by a Minister of religion after due notice by publication of banns, or after publication by the Registrar.  A regular marriage need not be celebrated in a church:  the minister may carry out the marriage ceremony in a private house, or in a room in a restaurant, or public hall, taken for the occasion." We Scots are\were a very practical people.  Unfortunately English influence was brought to bear over the years and many superior cultural differences disappeared.  I hope that this answers your question, at least in part. Cliff. Johnston Granbury, TX "...sifting through the sands of time - Gentle Johnston(e)s, one by one." know that trendy historians on TV avoid the past tense, but it is misleading to print the extract from Ronald Douglas' "Scottish Lore and Folklore" without adding the qualification that he is describing the situation in Scotland some 60 years ago. Not today. The forms of marriage by (1) mutual consent and (2) promise+intercourse were abolished in 1940. The third variety, by cohabitation with habit and repute, remained as the basis of a Common Law marriage if the Court of Session accepted a declaration to that effect. Edward H. Thompson, Dundee, Scotland http://homepages.tesco.net/~eandcthomp/aaa.htm edward Limpsfield, Surrey Using Norton Anti-Virus 2003