Three separate three-month rules operate in the Marriage Act (Chapter 280), and they work slightly differently.
The three rules
| Document | Provision | Rule |
|---|---|---|
| A required person’s written consent | s 8(1)(c)(i) | Must be dated not earlier than three months before the date of solemnisation |
| A Judge’s or Magistrate’s consent in place of a person | s 16(1) | Ceases to have effect if the marriage does not take place within three months after the date of the consent |
| A dispensation by a prescribed authority | s 16(2)(a) | Ceases to have effect if the marriage does not take place within three months after the date of the dispensation |
| An order authorising an under-age marriage | s 7(7) | Ceases to have effect if the marriage does not take place within three months after the date of the order |
Section 8(1)(c)(i) is a backward-looking rule: on the wedding day, the celebrant checks that the consent is dated within the preceding three months.
Sections 16(1), 16(2) and 7(7) are forward-looking: the document itself expires three months after it was made.
In practice the result is the same — every consent, dispensation and order must be less than three months old at the wedding. The dating requirement in section 8(3)(b), which obliges the witness to ensure the consent bears the date on which he signs, is what makes the check possible.
Section 16 — the expiry provision
(1) A consent given by a Judge or Magistrate in place of the consent of another person ceases to have effect if the marriage does not take place within three months after the date of the consent.
(2) A dispensation ceases to have effect if —
(a) the marriage does not take place within three months after the date of the dispensation; or
(b) before the marriage takes place, the person whose consent has been dispensed with notifies, by writing under his hand or in any other prescribed manner, the person to whom notice of the intended marriage has been given under this Act, that he does not consent to the marriage.
(3) Where a consent or dispensation has ceased to have effect, the provisions of this Act apply as if the consent had not been given or dispensed with.
Section 16(2)(b) — the absent person reappears
This is the most important practical feature of section 16. A dispensation under section 10 is granted precisely because it was impracticable to ascertain the person’s views. If that person then learns of the marriage and objects, the dispensation falls away.
Three points on the mechanism:
- The notification is in writing under his hand, or in any other prescribed manner;
- It goes to the person to whom notice of the intended marriage has been given under the Act — that is, the celebrant who received the section 37 notice, not to the minor;
- It may be given at any time before the marriage takes place.
The celebrant’s duty then follows from section 8(4)(d): a person shall not solemnize a marriage if he has reason to believe a dispensation has ceased to have effect.
Note that there is no equivalent in section 16(1). A Judge’s or Magistrate’s consent, given after an inquiry at which the refusing person had an opportunity to be heard, cannot be defeated by a later objection — only by a re-hearing request under section 12 made within the prescribed time.
Revoking an ordinary consent
A person shall not solemnize a marriage if he has reason to believe that a person whose written consent is or has been produced for the purposes of section 8 has revoked his consent.
So a parent who has signed a consent and then changes their mind can stop the marriage by informing the celebrant. The Act sets no form for that revocation — the trigger is simply the celebrant having reason to believe it has occurred.
The minor’s remedy is then an application under section 11 for the consent of a Magistrate in place of the parent’s.
Section 16(3) — the position on expiry
Where a consent or dispensation has ceased to have effect, the Act applies as if it had not been given. The requirement in section 8 must be satisfied afresh.
Importantly, expiry is not a refusal. The six-month bar in section 14 applies only where an application has been refused. A fresh application can be made immediately after a consent or dispensation expires.
Practical points
- Do not obtain consents too early. A consent signed six months before the wedding is worthless. Aim for four to six weeks before.
- Check the date on the document — section 8(3)(b) requires the witness to date it, and the celebrant will check it.
- Where a dispensation is being relied on, expect that the absent person may object at any time before the ceremony.
- If a date is postponed, check whether any consent, dispensation or section 7(3) order has expired — and renew it if so.
- Keep the documents. Section 44 requires the celebrant to retain consents.
Sources
- Marriage Act (Chapter 280) — ss 7, 8, 10–16, 37, 44
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.