Example of a Legal Consent to Marry

By Tom Streissguth

Family and marriage law is governed by state statute. Each state writes its own laws regarding the age of consent to marry, which is 18 in most states. At this age, residents do not need the written consent of their parents or legal guardian to marry. However, if consent is needed, parents provide it by filling out, signing, and notarizing a simple form that gives basic information about the individuals seeking to wed.

Online Consent Form

The South Dakota Department of Health offers a consent form online, as do many other states. This South Dakota form serves as a typical example of a legal consent to marry, but it's important to use a form approved by your state. South Dakota requires this form be completed by at least one parent or legal guardian for anyone between the ages of 16 and 18 who wishes to marry. Without it, the state will not issue a marriage license.

Bride and Groom

The South Dakota form begins by identifying the groom by his full legal name. Below the name are yes/no check boxes. If the groom is between 16 and 18, you must check yes. If not, you check no. The same information is then given for the bride. If either the groom or bride are under the age of consent, in this case the age of 18, his or her parent or legal guardian must sign the form.

Get help changing your legal name. Learn More

Parental Consent

In the South Dakota form's second section, the parent or legal guardian signs the form below a statement giving consent to the marriage. The form requires the printed name of the signatory, the relation of the signatory to the bride or groom, the date, and a signature.

Notarization

The signature must be witnessed and verified by a notary public. The South Dakota form provides a notary block for this purpose. The notary adds his signature and the date, provides the notary seal, and gives the commission expiration date. It is standard practice for a notary to require government-issued photo identification in order to witness a signature. If the form is not notarized, the court will not accept it as legal, and the clerk will not issue the marriage license.

Legal Guardians

If the person signing the form is a legal guardian, he must attach a certified copy of the court order appointing him as legal guardian.

Get help changing your legal name. Learn More
What Is a Legal Will in the State of North Carolina?

References

Related articles

What Materials Are Needed for Passport Name Change After Divorce?

Your U.S. passport must be in your current, legal name. If you changed your legal name after your divorce, you need to change your name on your passport to travel outside of the country. The application procedure and supporting materials required for a passport name change differ, depending on whether your passport was issued less than one year ago.

Notarizing a Will in Texas

By writing and signing a will, you specify how you want your property distributed when you die. After death, the law requires wills to be proved in court, a process known as probate. Texas laws do not require wills to be notarized, but notarizing a will may speed up the probate process. Chapter IV of the Texas Probate Code contains the relevant legal provisions for signing and notarizing a will in the state.

How to Form an S Corp in New Jersey

A S corp is just a C corp that makes a special election to have its income and losses taxed directly on the shareholder's income tax return rather than having to pay the corporate tax. To make the S corp election, S corps must follow a number of restrictions, including having fewer than 100 shareholders, having just one class of stock, and limiting who can be a shareholder. Forming an S corp requires incorporating as a standard corporation first.

Doing the right thing has never been easier.

Related articles

Maryland's Annulment Laws

An annulment is an alternative to divorce and available in very limited circumstances. In Maryland, the grounds for ...

Legal Ways to Change a Child's Last Name in Missouri

The state of Missouri allows minors to legally change their names, but the procedure is more complex and time-consuming ...

How to Get Power of Attorney in Michigan

A power of attorney is used in Michigan to give one adult the right to handle another adult's finances. If you want to ...

How to Get Power of Attorney in New Mexico

Like other states, New Mexico law allows you to exercise control over another person's property and finances through ...

Browse by category
Ready to Begin? GET STARTED