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Marriage laws? (1 Viewer)

rumour

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Okay, I have a question about marriage!

Can you get married at the age of 16??
As this is the age of a girl at my school who is getting married next friday!! She is also in year 12!!!

Cause i was thought you had to be over 18 to get married!!
 

Ziff

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With court approval.
 

Josie

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Yes, yes you can.

'You can get marriaged without your parents permission once you turn 18.
If you are 16 or 17 and you want to get married, you need the consent of your parents/guardians and an order from a judge/magistrate giving permission for the marriage. The Court may decide parents' permission is not needed. The Court will only usually give authorisation to marry in 'exceptional and unusual cases'"

There you go, I actually used something from that stupid Streetsmart book.
 

rumour

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Okay, so what would the courts decide on???
I mean what do you have to prove to them to get married at 16??

LOL! so if you are still at school and married, do you need your parents permission to go on excursions, etc??
 
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Ziff

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It's sketchy. There have been some cases where the judge has allowed a couple to marry based on the female falling pregnant and at other times they have refused it even though the female was pregant. It's very sketchy.
 

Ziff

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A bit more information.

Re: K (1964) ruled that pregnancy of a 15 year old female was not grounds to consent to the marriage. In 1968, however, Re: W ruled that pregnancy of a minor was enough to warrant consent for marriage.

Though this is all I got from my Legal Studies textbook... and I've found it to be rather unreliable at times.
 
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*girl04*

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When can I get married?


You can get married without your parents' permission once you turn 18.

If you are 16 or 17 and you want to get married, you need the consent of your parents/guardians and an order from a judge or magistrate giving permission for the marriage. The Court may decide that your parents permission is not needed. The Court will usually only give authorisation to marry in "exceptional and unusual" cases. Pregnancy does not usually fall into this category.

To be allowed to get married, a few things must exist:

the parties must be a man and a woman;
each person has to consent to the marriage, and have the capacity to do so;
certain formalities have to be complied with;
neither person can already be married. If they have been married in the past, they must obtain a divorce through the Family Court. (To marry someone while you are already married is a criminal offence called bigamy and is punishable by five years in gaol.)




taken from www.lawstuff.org.au
 

santaslayer

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Only with the express consent of the parents of the two parties. I believe couples may also marry with consent of the Family court alone, without parental consent in strictly exceptional circumstances. :)
 

santaslayer

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Originally posted by rumour
Okay, so what would the courts decide on???
I mean what do you have to prove to them to get married at 16??
No 1 thing I believe would be the assessment of the couple's maturity as a whole. Their level of independence and the feasibility of the whole case. Other circumstances would be assessed but I'm not a judge (YET) so I cannot answer in such depth. :p
 

rumour

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Well if it on maturity then she won't be able to, cause she acts like a kid all the time!!!!!!!!!!
Originally posted by Jesus

whos that desperate anyway
It's in her culture!!!!!
 

Ziff

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Originally posted by santaslayer
No 1 thing I believe would be the assessment of the couple's maturity as a whole. Their level of independence and the feasibility of the whole case. Other circumstances would be assessed but I'm not a judge (YET) so I cannot answer in such depth. :p
+

Santaslayer talks too much and his expression is almost as appalling as my handwriting. He does law right
=

Setting: Courtroom

Defence Barrister: Err so the judgement is?
Santaslayer: *incomprehensible garbage*
Prosecution: Que? (They're Spanish)
 

glycerine

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Originally posted by rumour
Well if it on maturity then she won't be able to, cause she acts like a kid all the time!!!!!!!!!!


It's in her culture!!!!!


er, please cut down on the exclamationn points!!!!! really not necessary!!!!!!!!!!
 

santaslayer

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Originally posted by Ziff
+



=

Setting: Courtroom

Defence Barrister: Err so the judgement is?
Santaslayer: *incomprehensible garbage*
Prosecution: Que? (They're Spanish)
:rofl:......I sue you! :p
 

eviltama

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Originally posted by rumour
What about step/ half siblings?
The Marriage Act prohibits people marrying:

1. an ancestor or descendant; or
2. their brother or sister (whether whole blood or half-blood siblings)

These restrictions also apply to adoptive relationships even if these have been annulled, cancelled, discharged or cease to be effective for any reason (for example, due to a subsequent adoption order being made).

This means, for example, that a person cannot marry their parent, grandparent, child, grandchild, brother or sister. However, (depending of course on the sex of the party) a person may marry their aunt or uncle, niece or nephew, "first" cousin or step-sibling.
http://www.ag.gov.au/www/familylawHome.nsf/Alldocs/RWP48DD415FA7A6F246CA256E53000393B2?OpenDocument
 

rumour

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sweet, so step-siblings are in!!

So you can actually marry into your own family then!
 

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