Someone under the age of 18 (but older than 15) can’t get married without the consent of his or her parents or legal guardian.
If there are no parents or guardian or for some reason they cannot give consent, a magistrate may grant consent.
If the parent, guardian or magistrate refuses consent, a judge of the High Court may grant consent if it is in the interests of the minor.
But what if the child wants to draft an Antenuptial contract (ANC) prior to her wedding? The child will sign in her personal capacity, but the parents will co-sign the agreement.
As a notary I prefer the parents to sit in on the consultations with the child, to ensure that everyone is on the same page when signing the ANC.
Speak to a qualified notary to draft the ANC before the marriage.
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