Section 8 of the Marriage Act (Chapter 280) imposes a documentary requirement on the celebrant, not merely a rule about the parties.
“Minor” means under 21
“Minor” means a person who has not attained the age of 21 years.
The Act uses 21, not 18. So a party aged 18, 19 or 20 — well above the marriageable age for both sexes — is still a minor and still requires consent under section 8, unless previously married.
Three ages therefore operate together:
- Marriageable age — 18 (male), 16 (female): section 7;
- Minority — under 21: section 1(1), engaging the consent requirement;
- Childhood — under 18 under the Lukautim Pikinini Act 2015, engaging section 86.
Section 8(1) — what must be produced
The marriage shall not be solemnized unless there is produced to the person by whom or in whose presence the marriage is solemnized —
(c) in respect of each person whose consent is required —
(i) the written consent of that person, duly witnessed and dated not earlier than three months before the date of solemnisation (or such other evidence as the regulations allow); or
(ii) an effective written consent of a Judge or Magistrate under this Part in place of that person’s consent; or
(d) in respect of a person whose consent has been dispensed with by a prescribed authority — the written dispensation signed by the prescribed authority.
“Has not previously been married”. A minor who is a widow, widower or divorced person does not need consent. The requirement applies only to a first marriage.
Three months. A consent dated more than three months before the wedding is no good. See how long a consent lasts.
It must be produced to the celebrant. The obligation is on the celebrant not to solemnise without the documents. Solemnising in breach engages section 58.
Section 8(2) — who may witness a consent
| Where signed | Who may witness |
|---|---|
| Papua New Guinea | An authorised celebrant, Commissioner for Declarations, justice, lawyer, medical practitioner, or commissioned officer of the Police Force |
| Australia | A person who is a competent witness under section 13 of the Marriage Act 1961 of Australia, as in force from time to time |
| Anywhere else | A diplomatic or consular officer, a judge of a court of that place, a magistrate or justice of the peace of or for that place, or a notary public |
A person shall not subscribe his name as a witness to a signature on a consent unless —
(a) he is satisfied on reasonable grounds as to the identity of the person; and
(b) the consent bears the date on which he subscribes his name.
The identity requirement is the safeguard against personation under section 60, and the dating requirement is what makes the three-month rule workable.
Section 8(4) — when a celebrant must not proceed
A person shall not solemnize a marriage if he has reason to believe that —
(a) a person whose written consent is or has been produced has revoked his consent; or
(b) a signature to a consent is forged or has been obtained by fraud; or
(c) a consent has been altered in a material particular without authority; or
(d) a dispensation has ceased to have effect.
The standard is reason to believe — not certainty. A celebrant who is told by a parent that consent is withdrawn, or who sees an alteration on the document, must stop.
Forging a consent, or presenting one known to be forged, is an offence under section 61; personating a person whose consent is required is an offence under section 60.
The three ways the requirement is satisfied
- Actual consent — from each person identified by section 9 and Schedule 1, in writing, witnessed, and dated within three months.
- Judicial consent in place of a refusal — section 11, where a person whose consent is required refuses it.
- Dispensation — section 10, where a prescribed authority is satisfied it is impracticable to ascertain the person’s views.
Section 44 requires the celebrant to retain the consents, and section 15 governs the effect of a consent of a Judge or Magistrate. A marriage solemnised in breach of section 8 is not automatically void — see section 43 on the invalidity of certain marriages — but the celebrant commits an offence.
Sources
- Marriage Act (Chapter 280) — ss 1, 7–11, 15, 43, 44, 58, 60, 61
- Lukautim Pikinini Act 2015 — s 86
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.