Sorry but prior to 1939 the only requirement on witnesses was that they were of age to understand the implication of the ceremony. This was usually accepted as 5-7 years old.
The 1939 Act also did away with irregular marriage by declaration.
In Scotland a legal marriage could be formal or informal, now only formal marriages are legal
Prior to 1939 there were three types of informal marriage in Scotland.
Marriage by habit and repute was when the couple lived together as husband and wife and were generally thought to be married by those who knew them well.
This was abolished on 4 May 2006, but such marriages before that date are valid.
Marriage per verba de praesenti was where the couple made a mutual declaration to take each other as husband and wife. No witnesses needed, but anyone of any age could witness. Not possible after 1940.
Marriage per verba de futuro subsequente copula was when the couple after agreeing to marry on a future date, had sex. Not possible after 1940.
Cheers
Guy
PS. Marriage per verba de futuro subsequente copula is the oldest form of marriage and was recognised in biblical times.
