Assigned to JUD FOR
COMMITTEE
Assigned to JUD FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
marriage of minors; emancipation required
Purpose
Prohibits a minor under the age of 16 to get married and allows a person who is 16 or 17 to marry only if first emancipated.
Background
Statute allows minors to get married if they have the consent of a parent or guardian. Minors under the age of 16 must also have the approval of a superior court judge before they marry. For persons under the age of 16 wishing to get married, the court: a) may require both parties to the marriage to attend premarital counseling; b) must find that the minor is entering into the marriage voluntarily; c) must find that the marriage is in the best interest of the minor; d) may require that the minor continue to attend school; and e) 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: a) be an Arizona resident; b) be financially sufficient; c) acknowledge in writing that the minor understands the rights and obligations of emancipated minors as well as the potential risks of emancipation; and d) 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 minor under the age of 16 from marrying under any circumstance.
2. Allows a minor who is 16 or 17 to marry only if the minor is emancipated.
3. Prohibits the clerk of the superior court from issuing a marriage license to an unemancipated 16 or 17-year-old, or a person under 16 in any circumstance.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2018
JA/SM/lat