Author Topic: Consent to marry~ aged 18~1857  (Read 14045 times)

Offline gemmac

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Re: Consent to marry~ aged 18~1857
« Reply #36 on: Monday 02 April 07 09:36 BST (UK) »
Hello all,

Thank you everyone for your explanation of "nonage". I now have a clearer understanding of the term.

David - I never knew that consent age had been lowered to 18 in the 2000's. Certainly not here in NZ. I am sure the consent age is still 21.

Nice to hear from you all
Gemmac in NZ

Offline JAP

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Re: Consent to marry~ aged 18~1857
« Reply #37 on: Monday 02 April 07 09:47 BST (UK) »
Statements have been made about the legal age for marriage and requirements for parental consent.  However, these differ in the UK between England & Wales, Scotland and Northern Ireland.

The marriageable age is
- in England and Wales: 16 with consent of parents, 18 otherwise.
- in Scotland: 16
- in Northern Ireland: 17 with consent, 18 otherwise

In Scotland (emphasis added to the quote below):

"Before 1929, Scots law followed Roman law in allowing a girl to marry at twelve years of age and a boy at fourteen, without any requirement for parental consent. However, according to one early 20th-century source*, marriage in Scotland at such young ages was in practice almost unknown. No doubt if marriages between children had become common, there would have been public pressure to raise the legal minimum age of marriage earlier than 1929. The Age of Marriage Act 1929 (applying in Scotland, England & Wales but not in Northern Ireland) made void any marriage between persons either of whom was under the age of sixteen. Sixteen remains the lower age-limit today, contained in the current legislation, the Marriage (Scotland) Act 1977. Scots law still has no requirement for parental consent. *Source: Vital registration: a manual of the law and practice concerning the registration of births, deaths and marriages. (G T Bisset-Smith. 1st edition. Edinburgh: William Green & Sons, 1902)

Source: General Register Office for Scotland.

JAP

Offline JAP

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Re: Consent to marry~ aged 18~1857
« Reply #38 on: Monday 02 April 07 09:57 BST (UK) »
The NZ Department of Internal Affairs states on its website (emphasis added to quote below):
http://www.dia.govt.nz/diawebsite.NSF

"A marriage is the formalisation of a relationship between a man and a woman, in accordance with the Marriage Act 1955. The Marriage Act 1955 provides the criteria, rules and processes for two people to have their relationship solemnised as a marriage (by way of a formal ceremony) and officially registered in New Zealand.

Anybody can marry in New Zealand, as long as they are legally free to marry. Under New Zealand law this means that:
A marriage may only be entered into by couples of opposite sexes.
They are not married already or in a civil union with a person other than the person they will be marrying (or if they have been married, the marriage has been dissolved by a court of law).
They are old enough (16 or over, although parental consent is required if either party is 16 or 17 years old).
They are not closely related by blood, marriage or adoption. Details of these "prohibited" marriages appear on the form 'Notice of Intended Marriage', which is used to apply for a marriage licence."

JAP

Offline stanmapstone

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Re: Consent to marry~ aged 18~1857
« Reply #39 on: Monday 02 April 07 10:37 BST (UK) »
The figures for marriage below the age of 16 from 1846 to when the 1929 Act came into effect are 35 males and 1,844 females.
http://www.statistics.gov.uk/statbase/datasets2.asp?th=3&B1=Show+Linked+Datasets

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk


Offline LizzieW

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Re: Consent to marry~ aged 18~1857
« Reply #40 on: Monday 02 April 07 11:54 BST (UK) »
My husband had to get consent from his parents to marry me, he was 18, I was 21, although we didn't have to go to court fortunately, but the interrogation by his and my parents was bad enough and that was 1962.

Hope the nonage condition doesn't still exist after 43 years of marriage!

Liz


Offline JAP

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Re: Consent to marry~ aged 18~1857
« Reply #41 on: Monday 02 April 07 13:03 BST (UK) »
The figures for marriage below the age of 16 from 1846 to when the 1929 Act came into effect are 35 males and 1,844 females.
http://www.statistics.gov.uk/statbase/datasets2.asp?th=3&B1=Show+Linked+Datasets
Stan

Hi stanmapstone,  Presumably your stats are for England & Wales only?  My understanding would be that they couldn't include Scotland because a) statutory registration didn't begin in Scotland until 1855, and b) in any case, so-called irregular marriage - which very far from necessarily involved registration - was perfectly legal in Scotland until the Marriage (Scotland) Act of 1939 came into force.  So there would be no overall records on which to base any such stats for Scotland.  Even the England & Wales stats could be skewed by the fact that, where one party was under 16, the couple could well go to Scotland and be legally married up until 1929 ...

Quote from: lizziedripping
My husband had to get consent from his parents to marry me, he was 18, I was 21, although we didn't have to go to court fortunately, but the interrogation by his and my parents was bad enough and that was 1962.

Hi the non-starred lizziedripping, age of consent for marriage seems very much to depend both on where and when a marriage occurred.

JAP
PS: Nonage is a strange word.  If rendered non-age all would be perfectly clear.  But nonage as a single word suggests something like dotage or even being in one's 90s ...

Offline MrsLizzy

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Re: Consent to marry~ aged 18~1857
« Reply #42 on: Monday 02 April 07 17:11 BST (UK) »
My mother in law never spoke to me for the rest of her life :)

Celia

You lucky woman, how peaceful it must have been!  ;D  my ex mother in law was an angel though.  I wish I could have kept her when I dumped her son!  She was totally on my side anyway - I think she preferred me to him anyway!  ;D
Connell (Mayo & Lancs 19th/20th c) Culling (Norfolk & London 19th c) Diss (Essex) Giesen (UK only 19th/20th c) Hackney (London) Henbest (Kent & Sussex) Hughes (Mayo to Burnley, Lancs & Edward, Parachute Regiment 40s, 50s) Lister (London) Maltby (Marylebone) Mayo (Glos) Nials Noquet (Huguenot) Phillips (S London) Poulain (France & London) Rayner (Halstead, Essex) Pratt (Kent & Sussex) Redfearn (London) Silk Speller (Rodings, Essex) Thompson (S London) Thurley Trundle Wade Westley

Offline rancegal

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Re: Consent to marry~ aged 18~1857
« Reply #43 on: Monday 02 April 07 17:41 BST (UK) »
My M-I-L was lovely to me but very unkind to my husband!
Bridge: GT Catworth, Hunts, and surrounding area
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Offline MrsLizzy

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Re: Consent to marry~ aged 18~1857
« Reply #44 on: Monday 02 April 07 17:47 BST (UK) »
I was thinking though, as we're on the subject, how many of us would be happy to consent to our 17 year old son or daughter getting married?  I certainly wouldn't.  Nothing would persuade me to agree to a marriage at that age, no matter how much I liked their prospective spouse.  If they were just on 18, I'd obviously not be able to stop them but if I could persuade them to wait a while (say 10 years!) I would. 
Connell (Mayo & Lancs 19th/20th c) Culling (Norfolk & London 19th c) Diss (Essex) Giesen (UK only 19th/20th c) Hackney (London) Henbest (Kent & Sussex) Hughes (Mayo to Burnley, Lancs & Edward, Parachute Regiment 40s, 50s) Lister (London) Maltby (Marylebone) Mayo (Glos) Nials Noquet (Huguenot) Phillips (S London) Poulain (France & London) Rayner (Halstead, Essex) Pratt (Kent & Sussex) Redfearn (London) Silk Speller (Rodings, Essex) Thompson (S London) Thurley Trundle Wade Westley