Marriage Act 1955, ss 18–20
If one or both of you are 16 or 17 and you want to get married, you’ll need to apply formally to the Family Court to get permission from a judge. To make sure you’re not being forced into the marriage, the judge will only give permission if they’re satisfied that:
you’re applying for permission voluntarily, without being forced or pressured to do it, and
you understand what you’re asking the judge to do, and you genuinely want the judge to give permission, and
the marriage will be in your best interests.
In deciding whether the marriage is in your best interests, the judge has to consider how old and how mature you are; what you think about the marriage and what’s in your own best interests; what your parents think; and any other relevant information that’s available to the judge.
The judge can appoint a lawyer to represent you. The government will pay the lawyer’s fees.
If the judge thinks it will be essential for deciding the case, they can also get a qualified person to provide a cultural report to explain aspects of your cultural and religious background. However, the judge has to take into account whether you think getting the report is a good idea.
If you get consent, you will be given a Court Order. You need to attach the Court Order to your marriage licence application form and post it to Births, Deaths and Marriages.