Note: See section 14.
1 Consent to the marriage of a minor
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. |