Marriage in Australia: Difference between revisions

The general [[marriageable age]] in Australia is 18 years.<ref>[https://www.loc.gov/law/help/child-rights/australia.php#_ftnref2 Children’s Rights: Australia]</ref> but in "unusual and exceptional circumstances" a person aged 16 or 17 can marry with [[parental consent]] and authorisation by a Magistrates Court.<ref>{{cite web|url=http://www.lawstuff.org.au/nsw_law/topics/marriage|title=Lawstuff Australia - Know Your Rights - Topics - Marriage|publisher=}}</ref> In deciding whether to make an order allowing a marriage, the judge or magistrate must be satisfied that the person is at least 16 years old and that the circumstances of the case are exceptional and unusual. The types of things that the court might consider include:

 

 

Until 1991, the marriage age was 16 for females and 18 for males, but a female 14 or 15 years (wanting to marry a male aged 18 or above) or a male 16 or 17 years (wanting to marry a female aged 16 or above) could apply to the court for permission to marry.<ref>{{cite web | url=http://www.comlaw.gov.au/Details/C2004C05245 | title=Marriage Act 1961 }}</ref> The ages were equalised in 1991,<ref>''[[Sex Discrimination Act 1984|Sex Discrimination Amendment Act 1991]]''</ref><ref>{{cite web|url=http://scaleplus.law.gov.au/ComLaw/Legislation/Act1.nsf/framelodgmentattachments/A77AD7620C0F4E01CA256F7200178FD0 |title=ComLaw Acts - Attachment - Sex Discrimination Amendment Act 1991 |publisher=Scaleplus.law.gov.au |archiveurl=https://web.archive.org/web/20120216030614/http://scaleplus.law.gov.au/ComLaw/Legislation/Act1.nsf/framelodgmentattachments/A77AD7620C0F4E01CA256F7200178FD0 |archivedate=16 February 2012 |url-status=dead }}</ref> with the relevant ages applying to females being raised to those applying to males.