Marriage of persons 16 and 17 years of age

1 This section applies if, on the date on which notice of an intended marriage is given under section 23 ,— a either party to the intended marriage is aged 16 or 17 years; or b both parties to the intended marriage are aged 16 or 17 years. 2 If this section applies, a Registrar must not issue a marriage licence authorising the intended marriage, or solemnise the marriage, unless a Family Court Judge has, under this section, consented to the intended marriage. 3 A party to an intended marriage who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended marriage, and a joint application may be made if both parties to the intended marriage are aged 16 or 17 years. 4 A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended marriage only if the Judge is satisfied that, for each party to the intended marriage aged 16 or 17 years,— a the party has made the application voluntarily, free of undue influence or coercion; and b the party understands the consequences of the application and wants the Judge to consent to the intended marriage; and c the intended marriage is in the party’s interests. 5 In determining whether the intended marriage is in a party’s interests, the matters the Judge must take into account include, without limitation,— a the age and maturity of the party; and b the party’s views; and c any views of the party’s parents and guardians that can reasonably be ascertained; and d any other information available to the court relevant to the party’s application.