Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part III · Marriage
Section 12
Feedback & supportA person who has not completed his or her twenty-first year shall, notwithstanding that he or she shall have attained the age of majority as prescribed by the Age of Majority Act 1971 [Act 21], nevertheless be required, before marrying, to obtain the consent in writing—
of his or her father or mother;
if the person is illegitimate, of his or her mother;
if the person is an adopted child, of his or her adopted father or adopted mother; or
child
“child” has the meaning of “child of the marriage” as defined in section 2 who is under the age of eighteen years. Power for court to make order for custody
if both his or her parents (natural or adopted) are dead, of the person standing in loco parentis to him or her before he or she attains that age, but in any other case no consent shall be required.
Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or all those persons who could give consent under subsection (1) are dead or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent was required by subsection (1).
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
An application to the High Court under this section shall be made to a Judge in chambers.
When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.
Notwithstanding anything to the contrary in this Part consent to the marriage of a minor shall not be necessary if the minor has been previously married.
minor
“minor” means a person who is under the age of twenty-one years and who is not a widow or widower;
18
There shall be no appeal from an order of a Judge under this section.
Preliminaries to marriage