My 17-year-old daughter is going to marry without my consent. Can I annul the marriage?

Full question:

My 17-year-old daughter and her boyfriend are planning to get married. If they get married without my consent, can I file a petition in the court for annulling the marriage? I am a resident of New Hampshire.

  • Category: Marriage
  • Subcategory: Minor
  • Date:
  • State: New Hampshire

Answer:

In New Hampshire, the age of consent for marriage is 18 years. If a person below 18 years of age enters into marriage, the superior court may annul such marriage at the petition of either the person who at the time of contracting such marriage was below the age of consent, or at the petition of parent or guardian, unless such person confirms the marriage after reaching the age of consent. The relevant statutory provision in this regard is:

RSA 457:5 reads:
 
“The age of consent shall be in the male and in the female, 18 years. Any marriage contracted by a person below the age of consent, except as hereinafter provided, may in the discretion of the superior court be annulled at the suit of the party who at the time of contracting such marriage was below the age of consent, or at the suit of his or her parent or guardian, unless such party after arriving at such age shall have confirmed the marriage.”

You may file a petition in the superior court to annul the marriage before your daughter turns 18 years. 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The two most common grounds for annulment are lack of capacity to marry and fraud. Lack of capacity can include situations where one party is underage, mentally incapacitated, or already married. Fraud involves one party deceiving the other about significant aspects of the marriage, such as identity or willingness to have children. In New Hampshire, these grounds can lead to an annulment if proven in court.