Legal Definitions - Scotch marriage

A Scotch marriage is a type of marriage that is recognized under Scots law. It is a marriage by consensual contract, without the necessity of a formal ceremony. Until 1940, Scots law retained the medieval canon-law forms of marriage per verba de praesenti and per verba de futuro subsequente copula. These promises constituted irregular but valid marriages. Scots law still retains the irregular marriage by cohabitation with habit and repute. No ceremony needs to be proved but, after the death of one spouse, the surviving spouse or any child can obtain a court's confirmation that a marriage existed, based on the general belief of neighbors, friends, and family.

For example, if a couple in Scotland agrees to be married and lives together as husband and wife, they can be considered legally married under Scots law, even if they did not have a formal wedding ceremony. This type of marriage is also known as a common-law marriage.