Underage marriages to be banned under new legislation

The Government has decided to abolish the exemption for underage marriages, making it mandatory that marriage can only take place if both parties are over the age of 18.

As it stands, underage parties can get married if they have a Court Exemption Order.

Tánaiste Joan Burton and Minister for Justice Frances Fitzgerald announced that legislation to remove the underage exemption for marriages had been agreed at Cabinet on Tuesday.

The decision involves an amendment to the Civil Registration Act 2004, making marriage impossible if one party is under the age of 18.

The legislation will also repeal section 33 of the Family Law Act 1995, removing age as one of the criteria under which a party to a marriage can obtain an exemption.

According to CSO figures, 387 minors married at the age of 16 or 17 between 2004 and 2014.

In several cases, both parties to a marriage were minors.

In total, 302 girls and 85 boys married in the State at the age of 16 or 17 over the period.

Following Tuesday’s Cabinet meeting, the Tánaiste said it was her opinion that the exemption should be removed as a child welfare measure.

“Marriage carries significant implications for a potential spouse, implications which can be life-long in nature.

“The dissolution of a marriage takes a minimum of four years.

“Persons getting married should have the maturity to understand the implications of their actions, and a person under 18 may not have the necessary maturity to marry.

“Underage marriage is also inconsistent with national policy objectives to reduce the instance of early school-leaving,” said Ms Burton.

Protect minors

She said removing the underage exemption would have the additional benefit of helping to protect minors against forced marriage.

“Requiring both intended spouses to be at least 18 should assist in ensuring that potential spouses have the maturity to withstand external pressure to marry a particular person.”