Consent required
25(1) Subject to subsections (2) to (6), if either of the parties to an intended
marriage is under the age of 18 years then, before the issue of a licence, there must
be deposited with the issuer a consent to the marriage in the prescribed form:
(a) by both parents of the minor if both are living; or
(b) by the surviving parent of the minor where one of the parents is dead.
(2) The consent of only one parent is sufficient:
(a) where that parent has legal custody of the minor and the marriage of the
parents has been dissolved or the parents are living separate and apart from
each other pursuant to a decree of judicial separation or under a separation
agreement; or
(b) where the other parent is a patient in an in-patient facility within the
meaning of The Mental Health Services Act.
(3) The consent of only one parent is sufficient where the minor has been living
with that parent for a period of at least one year immediately preceding the date of
the intended marriage of the minor and where:
(a) the marriage of the parents of the minor has not been dissolved but the
parents have been living separate and apart from each other during that
period other than pursuant to a decree of judicial separation or under a
separation agreement;
(b) the parents have not cohabited as husband and wife at any time during
that period;
(c) the parent not having custody of the minor has not contributed to the
support of the other parent or the minor during that period; and
(d) the parent giving the consent files with the consent in the prescribed
form a declaration in the prescribed form.
(4) If one of the parties to the intended marriage is a minor and if both parents of
the minor are dead or one of the parents is dead and the other parent is a patient in
an in-patient facility within the meaning of The Mental Health Services Act, then
before the issue of a licence there must be deposited with the issuer a consent of the
kind mentioned in subsection (1), given by a lawfully appointed guardian of the
minor or the acknowledged guardian who may have brought up or may, for three
years immediately preceding the intended marriage, have supported the minor.
(5) If one of the parties to the intended marriage is a minor and the minor has
been committed to the Minister of Community Resources and Employment
pursuant to The Family Services Act, being chapter F-7 of The Revised Statutes of
Saskatchewan, 1978, or The Child and Family Services Act, then before the issue of
the licence there must be deposited with the issuer a consent of the kind mentioned
in subsection (1), given by a director within the meaning of that Act.