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I need some advice on receiving permission from the court for minor marriage.

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clintonnn

Junior Member
My boyfriend and I are both sixteen, and will be getting married fairly soon. Both his parents and mine have already agreed to sign off on it, and all that's left is to appear before a judge and receive his/her permission. Him and I both have jobs, a significant amount in savings, and are working on getting an apartment. I'm not too worried about being denied by the court, but I just want to make sure I am doing everything right. Is there anything else I should know, or any advice I should be considering?

(I live in California)
 


CdwJava

Senior Member
Here is the most relevant Family Code sections:

300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division, except as provided by Section 425 and Part 4 (commencing
with Section 500).
(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.

301. An unmarried male of the age of 18 years or older, and an
unmarried female of the age of 18 years or older, and not otherwise
disqualified, are capable of consenting to and consummating marriage.

302. (a) An unmarried male or female under the age of 18 years is
capable of consenting to and consummating marriage upon obtaining a
court order granting permission to the underage person or persons to
marry.
(b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk at
the time the marriage license is issued.

303. If it appears to the satisfaction of the court by application
of a minor that the minor requires a written consent to marry and
that the minor has no parent or has no parent capable of consenting,
the court may make an order consenting to the issuance of a marriage
license and granting permission to the minor to marry. The order
shall be filed with the clerk of the court and a certified copy of
the order shall be presented to the county clerk at the time the
marriage license is issued.​
Additionally, some counties will require counseling or at least an appearance before a counselor or a therapist before a marriage license for the underage couple will be granted.
 

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