You need to get permission from a Family Court judge if:
- you want to get married or be in a civil union, or
- you want to live with another person in a de facto relationship, and have that relationship recognised in law. This means you’ll have the same legal rights as people who are married or in a civil union.
A Family Court judge can give their consent if they’re satisfied that:
- you’re not being influenced or forced into the relationship by another person
- you understand the consequences and want the judge to give their consent
- it’s in your best interests.
How to apply
Note: When you print the forms it's important to print them single sided.
If both of you are aged 16 or 17, you both need to apply for consent by filling out separate copies of the 3 forms below.
If one of you is aged 18 or older, only the younger person needs to fill out the 3 forms.
Application form for order (or declaration) on notice – G5 [PDF, 47 KB]
General affidavit form [PDF, 38 KB]
Information sheet to accompany applications – G7 [PDF, 44 KB]
How the judge makes the decision
The judge may want to talk to you both before deciding to give consent; they may also want to talk to your parent or guardian. This means you’ll be asked to come to the Family Court for a hearing.
The judge may appoint a lawyer to speak for you at the hearing, but you’ll still need to attend. You won’t need to pay for the lawyer.
The judge may also appoint a lawyer to assist the court or ask an expert for a report about you and your culture. This information helps the judge to make their decision.
What happens next
If the judge grants consent, you’ll receive a Court Order. You’ll need to give this to Births, Deaths and Marriages when you apply for a marriage licence or a civil union licence.
