MARRIAGE ACT 1961 - SCHEDULE 1 Consent to the marriage of a minor

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

MARRIAGE ACT 1961 - SCHEDULE 1

Consent to the marriage of a minor

Note: See section 14.

The following table sets out whose consent is required before a minor may marry.

Persons whose consent is required
Item
If ...
then this person's consent is required ...
1
(a) at least one parent of the minor is alive; and
(b) there is no court order in force in relation to parental responsibility for the minor; and
(c) the minor does not have a guardian as referred to in item 3 or 4 of this table
each parent.
2
there is a court order in force granting parental responsibility for the minor to one or more persons (whether or not those persons are the minor's parents)
each person who, under the order, has (whether explicitly or implicitly) parental responsibility for giving consent to the minor's marriage.
3
there is a guardianship order in force that:
(a) relates to the minor; and
(b) is made by a court, tribunal or other body of a State or Territory;
each guardian of the minor under the order.
4
a person is under an Act of the Commonwealth, a State or a Territory, or an Ordinance of a Territory, a guardian of the minor to the exclusion of any other person
each guardian of the minor under the Act or Ordinance.
5
a person is under an Act of a State or a Territory, or an Ordinance of a Territory, a guardian of the minor in addition to any other person whose consent is required in accordance with this table
each guardian of the minor under the Act or Ordinance and each other person whose consent is required in accordance with this table.
6
no other item of this table applies
a prescribed authority.

Persons whose consent is required
1	(a) at least one parent of the minor is alive; and (b) there is no court order in force in relation to parental responsibility for the minor; and (c) the minor does not have a guardian as referred to in item 3 or 4 of this table	each parent.
2	there is a court order in force granting parental responsibility for the minor to one or more persons (whether or not those persons are the minor's parents)	each person who, under the order, has (whether explicitly or implicitly) parental responsibility for giving consent to the minor's marriage.
3	there is a guardianship order in force that: (a) relates to the minor; and (b) is made by a court, tribunal or other body of a State or Territory;	each guardian of the minor under the order.
4	a person is under an Act of the Commonwealth, a State or a Territory, or an Ordinance of a Territory, a guardian of the minor to the exclusion of any other person	each guardian of the minor under the Act or Ordinance.
5	a person is under an Act of a State or a Territory, or an Ordinance of a Territory, a guardian of the minor in addition to any other person whose consent is required in accordance with this table	each guardian of the minor under the Act or Ordinance and each other person whose consent is required in accordance with this table.
6	no other item of this table applies	a prescribed authority.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

Persons whose consent is required
Item	If ...	then this person's consent is required ...
1	(a) at least one parent of the minor is alive; and (b) there is no court order in force in relation to parental responsibility for the minor; and (c) the minor does not have a guardian as referred to in item 3 or 4 of this table	each parent.
2	there is a court order in force granting parental responsibility for the minor to one or more persons (whether or not those persons are the minor's parents)	each person who, under the order, has (whether explicitly or implicitly) parental responsibility for giving consent to the minor's marriage.
3	there is a guardianship order in force that: (a) relates to the minor; and (b) is made by a court, tribunal or other body of a State or Territory;	each guardian of the minor under the order.
4	a person is under an Act of the Commonwealth, a State or a Territory, or an Ordinance of a Territory, a guardian of the minor to the exclusion of any other person	each guardian of the minor under the Act or Ordinance.
5	a person is under an Act of a State or a Territory, or an Ordinance of a Territory, a guardian of the minor in addition to any other person whose consent is required in accordance with this table	each guardian of the minor under the Act or Ordinance and each other person whose consent is required in accordance with this table.
6	no other item of this table applies	a prescribed authority.