Can anyone explain the 'parental consent' re. marriage rule to me

[AInightingale]

Was it the case at the end of the nineteenth century that a couple under the age of 21 always needed the consent of both fathers/parents/guardians to marry - was this the law (ie the marriage was invalid without it), or a convention? The couple in question were a man of 24 and a woman of 19, Belfast 1898. There were factors that would have made giving consent unlikely and very surprising, but could she have married without it?

It was the law, except in Scotland. But it wasn't unknown for people to lie about their age to get around it.

My grandparents had to wait until my gran was 21 before they could marry, as her father wouldn’t give permission.

It was the law, except in Scotland. But it wasn't unknown for people to lie about their age to get around it.

Yes, I have an ancestor who said she was 'of age' when she wasn't. In her case, both her parents were dead, so I don't know who her legal guardian would have been. She had a stepfather, but I'm not sure if he was still alive.

It wouldn't invalidate the marrage, because the bride might be pregnant, and invalidating the marriage would make the child illegitimate.

I believe there was an offence of 'making a false declaration to obtain a marriage licence' or something like that, but I don't know how often anyone was prosecuted.

Yes it was the law in England for sure but not in Scotland. That’s why people eloped to Gretna Green! Don’t know about NI

I've since found out the bride was indeed pregnant, eight months along! There was a religious difference but I daresay both 'sides' had to give consent in the circumstances. I'm sure it caused a bit of a furore at the time as the bride's male relatives were all diehard Orangemen and the groom a Catholic...

@AInightingale my grandmother was born in 1905, if that helps?

It was certainly the law at that time in England & Wales. Although the development over time was rather roundabout.

Up until 1753, as long as a marriage was conducted by an ordained clergyman of the Church of England in England or Wales then that was all that was needed. Although, as I understand it (I may be wrong), prior to that, there was a common law rule that people only gained their majority when they were 21.

In 1753 the Clandestine Marriages Act was passed and it came into effect the following year. This basically said that anyone under the age of 21 needed their parents permission to marry by licence or for banns to be read.

This came up on a recent thread here:

https://www.mumsnet.com/talk/genealogy/5381881-british-military-question-and-g-granddad-mystery

Although this did not apply to Scotland and Jews and Quakers were also exempt. Non-conformists and Catholics were required to get married in Anglican churches up until 1836.
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However, you're talking about Belfast, and things were different with Ireland.

Having said that though, there was the Marriages (Ireland) Act 1844. This said that for any non-Catholics under the age of 21, they needed the permission of their parents in order to marry. However, if the parents did not consent then the person could make an application to the Lord Chancellor or to the Master of the Rolls for consent instead.

As I understand things (I may well be wrong), for Catholics there was no requirement for parental consent.
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"...as the bride's male relatives were all diehard Orangemen"

In that case it would appear that the bride would have required her parents consent at this time.

As others have mentioned I have seen several cases of young women who have claimed to be 21 at the time of their wedding but their birth certificate definitely says that they were younger.

For all the differences I suspect that all parties would have wanted to prevent the child being illegitimate. The stigma would mean that even a marriage to a Catholic was better than that option.

Something tells me that the groom didn't have a lot of say in this marriage.

My DM went to court to get permission to marry my DDad as she was age 20 and her mother wouldn’t consent to the marriage. It lasted until death parted them.

I should think by the time she was eight months along, the couple decided it was best to go ahead and get married and deal with the family repercussions later.

Here's the Marriage and Registration Act 1856

Section II is the important part. Anyone making a false declaration was committing perjury, but other than cases of bigamy, I don't know how often anyone was prosecuted.

Thanks for all the replies. That's interesting about the Ireland Marriages Act, because my great-grand-aunt (the bride) converted to Catholicism four days before the wedding. It might have been their way round the 'parents' permission' issue, and I bet the fallout was colossal. I know it seems odd to us now, and probably odd to anyone outside the province of Ulster, but God it was a big deal. The uncle was 'county Grandmaster' or some such thing.