Parental consent for marriage can be obtained if both parties are of the minimum legal age to get married and are not mentally incapable of entering into marriage.
There may be further restrictions depending on the jurisdiction:
Furthermore, an appointed curator may not consent to the marriage of a person with mental incapacity.
Our page on legal guardianship provides extensive information on the roles and duties of guardians, curators and also highlights the differences with foster care, child custody etc.
A Minor as defined in law is generally considered to be
below the age of 18.
Important note: This is not the case in all countries,
states of provinces.
Sidebar: People of legal age do not need parental consent for marriage, provided of course there are no other legal impediments to the marriage e.g. mental incapacity, existing marriage etc.
The legal age for a minor to get married with consent from the parents or legal guardians, is different in various jurisdictions. Moreover, there may also be a difference in age requirement between boys and girls.
MOST IMPORTANTLY:
Jurisdictions may have a minimum age under which NO CHILD may get
married, regardless whether there is parental consent or not!
Once a child has reached that minimum age (but not yet the age of maturity), then a marriage may be entered into with the following provisions:
Temporary Guardianship and Affidavit of Guardianship
Please
Note:
If you complete this marriage consent form as the Legal Guardian
(not the parent) of the minor, you need to show a certified copy
of the Court Order granting you guardianship of the minor.
I, the undersigned
Full legal names: ________________________________
SS / Identity Number: ____________________________
certify that I am the Natural Parent / Court Appointed Legal Guardian of the Minor
named _______________________________________
born on the _____ day of ___________________ 20___
and hereby give my full and voluntary consent to the marriage of the Minor to the prospective spouse
named _______________________________________
born on the _____ day of ___________________ 20___
and consent to the Application for a Marriage License and the issuance of a Marriage License in the following jurisdiction: _________________________________
______________________________
Signature of Parent or Legal Guardian
Acknowledgement
This document was acknowledged before me on this
______day of ____________________20__
1) By the Parent who is personally known to me or who has provided identification in the form of __________________________.
or
2) By the Legal Guardian who is personally known to me or who has provided identification in the form of ________________________ and submitted a certified copy of the Court Order granting him/her Guardianship of the Minor.
Signature of Notary Public ______________________
Full legal names ______________________________
My commission expires ________________________
State of ________________________
County of ______________________
With this duly completed and signed form the Minor can then apply for a marriage license at the applicable location e.g. Town clerk's or county office, city hall, marriage bureau etc.
In some instances there may also be an additional requirement to get judicial authorization or special consent for marriage of a minor:
USA: There is a huge discrepancy from one state to the next as to the minimum age to get married, provided consent is given. Take a look at this table provided by Cornell University.
Canada: The age of majority is 18 or 19. The minimum age to get married is 16 and must have parental and court consent as prescribed in the Civil Marriage Act.
UK: England, Wales and Northern Ireland - The age of majority is 18. The minimum age to get married is 16 with parental consent.
Scotland: The minimum age to get married is 16 with or without parental consent.
Australia: The age of majority is 18. The minimum age to get married is 16 and must have court approval.
South Africa: The age of majority is 18. Males under the age of 18 and girls under the age of 16 in addition require special consent from the Minister of Home Affairs (or an official authorized to act on behalf of the Minister).
New Zealand: The age of majority is 18. The minimum age to get married is 16 and must have consent from the Family Court Judge.
To avoid any doubt or the possibility of the marriage being declared void, this consent for marriage must be in writing and presented to the marriage officer.
It may not be possible to get consent from parents or legal guardians due to:
In all these instances the Minors need to apply to the applicable court for consent.
Furthermore, if parental consent for marriage is withheld unreasonably, then the minor will have to satisfy the court that this is the case and that the refusal is not in the interest of the minor.
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