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Palamo v Sale [2020] NZFC 11107

Published 19 April 2021

Consent to marry — minor — 17-year-old — litigation guardian — religious & cultural factors — free from undue influence — Marriage Act 1955, s 18 — Family Court Rules 2002, r 90A. The applicant, aged 17 years old, sought an order from the Court for consent to marry pursuant to s 18(3) of the Marriage Act. The applicant's intended wife was 18 years old and they were expecting a child together and wished to get married before the child was born. Various family members attended the hearing in support of the application. Firstly the Court considered whether it needed to appoint a litigation guardian on behalf of the applicant, but determined that the applicant was authorised to take the proceedings in his own right pursuant to r 90A(3) of the Family Court Rules as he was capable of making the decisions required in the proceedings. Section 18(4) requires that a minor applying for consent to marry must have made the application voluntarily, free of undue influence or coercion and that they understood the consequences of the application and that it was in their interests. The Judge noted that there were religious and cultural factors why the parties wanted to get married as they were having a child together, but that these factors did not mean the applicant was under undue influence. The Judge was satisfied the applicant was freely giving consent and that he understood the consequences of the application. The Judge was also satisfied that the intended marriage was in the applicant's interests, having regard to his age and maturity, his own views and those of his mother, and other information available. The Judge granted consent for the 17-year-old applicant to marry. Judgment Date: 14 December 2020. * * * Note: names have been changed to comply with legal requirements. * * *