Party to marriage 16 years of age or over but under the age of 18 years
2017, c.10, s.2
20(1)In the case of an intended marriage, if either of the parties to it is 16 years of age or over but under the age of 18 years and has not been previously married, the consent of the father and the mother of that party or, if either is dead or living apart and not contributing to the support of that person, the consent of the living or supporting parent or, if both are dead, the consent of a guardian if any has been duly appointed, shall be required before a licence is issued, which consent shall be verified by the affidavit as provided by the Registrar of the father, mother or guardian, as the case requires.
20(2)When consent is necessary under subsection (1), no licence shall be issued unless the consent is produced and the issuer is satisfied of its genuineness.
20(3)In the case of a party who is of the age of 16 years or over but under the age of 18 years and who has not been previously married, if both the father and mother are dead and there is no guardian of that party duly appointed, on the production and filing with the issuer of an affidavit of that party setting out the facts and of a duly authenticated certificate of birth of that party and on the issuer being satisfied as to the facts, the issuer may grant the licence.
20(4)When the person whose consent is required is mentally incompetent, or resides outside of the Province or unreasonably or arbitrarily refuses or withholds his or her consent to the marriage, the person in respect of whose marriage consent is required may apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick for a declaration under this section, and the judge applied to shall proceed on the Notice of Application in a summary manner and, if the marriage proposed appears on cause shown to be proper, the judge shall judicially declare it to be proper, and the judge’s judicial declaration shall be as effectual for all purposes as if the person whose consent is required had consented to the marriage.
20(5)Before a licence is issued authorizing the solemnization of a marriage, the consent required by subsection (1) or the declaration of a judge under subsection (4) shall be filed with the issuer.
R.S.1973, c.M-3, s.19; 1979, c.39, s.10; 1983, c.50, s.8; 1986, c.52, s.13; 1991, c.9, s.5; 1995, c.10, s.9; 2017, c.10, s.3; 2023, c.17, s.149