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admin | Category: Free Criminal Background Check Online | 03.12.2013
Since the Reformation, the concept of marriage in Scotland has differed from that held by the Church of England. As with baptismal records, there was no set form of entry in the parish registers for proclamation or marriage – if no indication is given as to whether it is a proclamation or marriage, it is probably a proclamation - and many registers are very deficient. Disputes over marriage have been the cause of many legal hearings concerning proofs of a union having taken place, separation, desertion, divorce and aliment, cases containing fascinating details of social background and personal circumstances.
Documentation of marriage, particularly of the landed or well-off, can be found in published material or family papers. Evidence of unregistered marriages can be found in a variety of other documents – in communion rolls (found with other church records), in testaments, in court actions and in cases of debt.
There it is regarded as a sacrament, but the Presbyterian view is that marriage is a union entered into by mutual consent.


One problem is that a proclamation was no evidence that the marriage took place – and clearly many did not. It was common to find a marriage taking place less than nine months before the arrival of the first child (illegitimate children of a couple subsequently marrying were automatically legitimised).
After the outbreak of war in 1914 there was pressure to regularise marriage to provide proofs of entitlement of war widows to pensions, and in 1916 those irregularly married had to apply to the sheriff for registration. It is worth remembering that a married woman in Scotland may continue to be referred to by her maiden name.
Promise of future marriage followed by consummation was accepted by the State but not condoned by the Church - and marriage by habit and repute could also be regarded as legal. Marriage certificates have the advantage over English ones in giving the name of the mother of both bride and bridegroom and1855 certificates include additional details.


An irregular marriage often came to light around the time of the birth of a couple’s first child.
South Leith kirk session minutes record over 1500 cases of irregular marriage between 1697 and 1818, and numbers grew.



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