Marriageable Age And Marriages of Minors

Section 11 of The Marriage Act provides that 18 years is the age at which people can marry. There are circumstances where persons under the age of 18 are permitted to marry. Section 12 of the Act allows the court in certain circumstances to authorise a marriage between a person aged 16-18 with another person of 18 or above.

In order to succeed in such an application the circumstances of the case have to be so exceptional and unusual as to justify the making of the order permitting the minor to marry.

Each case depends on its own facts. Pregnancy of the minor is not itself an exceptional or unusual circumstance to justify the making of an order. There must be other reasons and the Court needs to have proof of previous decisions as to what constitutes exceptional or unusual circumstances.

With our experience and knowledge in the area we will be able to assist you in assessing your circumstances and preparing evidence to satisfy the Court.

In addition to obtaining the order to marry section 13 sets that marriage of minor not be solemnised without consent of parents.

We have successfully assisted a client in obtaining Order to Marry in circumstances where the applicant was 16 years old and pregnant with a child.

With 30 years experience as a legal practitioner and as a registered migration agent Andrew can assess your case and prepare not only a confident submission to support your application to the Court but also prepare any necessary documentation and evidence in support of submissions for your case.

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