Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
(NOW: minimum age; marriage)
Purpose
Prohibits a person under the age of 16 from marrying and allows a person who is 16 or 17 to marry only under prescribed statutory conditions.
Background
A minor can get married if the minor has the consent of a parent or guardian. A minor under the age of 16 also requires the approval of a superior court judge before getting married. For persons under the age of 16 wishing to get married, the court: 1) must find that the minor is getting married voluntarily; 2) must find that the marriage is in the best interest of the minor; 3) may require both parties to the marriage to attend premarital counseling 4) may require that the minor continue to attend school; and 5) may require any other condition it determines to be reasonable (A.R.S. § 25-102).
A minor who is at least 16 years of age may apply to the superior court to be emancipated. To become emancipated, a minor must: 1) be an Arizona resident; 2) be financially sufficient; 3) acknowledge in writing that the minor understands the rights and obligations of emancipated minors as well as the potential risks of emancipation; and 4) not be a ward of the court and not be in the custody and control of a state agency (A.R.S. § 12-2451).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person under the age of 16 from marrying under any circumstance.
2. Allows a minor who is 16 or 17 to marry only if the person's prospective spouse is not more than three years older than the person and either:
a) the person is emancipated; or
b) the person has consent from his or her parent or guardian.
3. Prohibits the clerk of the superior court from issuing a marriage license to any 16 or 17-year old who fails to meet prescribed statutory conditions or any person under the age of 16.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
JPS 2/14/18 DP 8-1-0-0
3rd Read 2/20/18 51- 7-2
Prepared by Senate Research
March 12, 2018
JA/SM/lat