Shortlands

Underage Marriage

Definition: marriage is one in which a party was below the minimum legal age at the time of the ceremony. The minimum age is eighteen, without exception, and parental consent no longer permits marriage below it.

Such a marriage is void from the outset. It is also a criminal offence to cause a child to enter a marriage, whether or not force or coercion is used, and whether or not the ceremony is legally binding, which brings unregistered religious and customary ceremonies within the offence.

Related Questions:

Is an underage marriage valid? No. An underage marriage is void from the outset and never had legal effect.

Can parental consent make an underage marriage lawful? No. Consent no longer permits marriage below eighteen. The minimum age is absolute.

Is arranging an underage marriage a criminal offence? Yes. Causing a child to enter a marriage is an offence, whether or not coercion is used and whether or not the ceremony is legally binding.

Can I get financial relief after an underage marriage is declared void? Yes. The court’s financial powers on nullity mirror those on divorce.

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