My fiance and I just recently got engaged, we live in the USA and have been planning to get married in Scotland. Looking into all the legalities and information has my head spinning and we were wondering if it would be acceptable to just fly there and have our own "ceremony" in our gown and kilt anywhere we want to and say our vows to eachother and then fly home and go to the courthouse to do all the boring legal things? I just want the two of us in Scotland to hire a photographer and if possible, someone non-religious to help us with a handfasting ceremony (my fiance said he just wanted to pay a random shepherd to do it. haha). So basically a wedding without the paperwork until we come home. Is that okay? Any advice would be great!
If you were even contemplating a proper legal marriage in Scotland then it isn't the case of just arranging a blacksmith and an anvil any more. For one thing you will each need to apply for a marriage visit visa as you are not permitted to marry on non visa entry as a visitor. These days this needs biometrics such as fingerprints to be taken. The visa costs £85.
There is a minimum notice period of 29 days, but as non EEA nationals this may extend up to 70 days.
Now having put you off even considering this possibility (which I don't think you never was) if all that if you want some kind of play acting ceremony that it isn't really a marriage at all this may be possible but I would take care on how you describe it.
Yes, Gretna Green is the place to get married.
But to make it legal (as opposed to just fun) you need to contact the registry office in Gretna Green.
The site Emma posted is a commercial wedding organiser. OK if you want the full deal with guests. The traditional Gretna Green wedding is where you don't tell anybody in advance, just go there and get married, and then tell family and friends.
It is many years since I did this, but there are a number of formalities to go through, and you have to fill in forms some months in advance and make an appointment with the registry office for the ceremony.
You need two witnesses. This can be a problem. You can go out into the street and ask for volunteers, but the locals are wary of this, as there are so many wedding couples looking for volunteers. We found a couple of tourists in the street and they agreed to serve. They later got married themselves in Gretna.
In case you don't know, the reason Gretna Green is traditionally a wedding location is that according to English law you needed parental permission to get married if you were a minor. No such restriction in Scottish Law (until the 1960's). And Gretna Green is the first town over the border from England.
Living in Scotland gives a different view of Gretna Green than down south! Anyway the legal bit are here courtesy of the National Records of Scotland. If you are subject to immigration controls, ie not a UK or EEA citizen you will require a visa which is from the UK government.
The minimum notice period is now 29 days as noted, there is still however no need for parental consent for 16 and 17 year olds.