Age limit for marriage
I am a healthy 80 year old man and have a 29 year old girlfriend. Just as I was planning to get married, my cousin who is a self-proclaimed bush lawyer says that I am above the age for marriage especially considering that there is a 51-year gap between us. He says there is a recent change in law that intends to discourage elderly persons getting married at this age to protect their health. Is there such an age restriction for marriage and if so how can I work around it? It is high time I settle down with a second wife as I am in a polygamous marriage at the moment. My second question is whether my current wife can object to this marriage?
FG, Dar
You are certainly energetic for an 80 year old.
We have gone through various amendments to the Law of Marriage Act and have not come across any such restriction that disallows you as an 80 year old to get married or remarried in a heterosexual marriage. There is a minimum age to get married, which doesn’t apply to either of you.
Whilst it is indeed encouraging that a person of your age is able to get a girlfriend 51 years younger, we must warn you that not being able to cohabit is a ground for divorce. Understandably there is medicine available to ensure that you are able to do so, but we thought it was pertinent to inform you of this risk. We wish you all the best.
On the objection, your wife can certainly object. The Act states that where a man married under a polygamous marriage has given notice of an intended marriage, his wife or, if he has more than one wife, any of his wives may give notice of objection to the registrar or registration officer to whom the notice of intention was given, on the ground that (a) having regard to the husband’s means, the taking of another wife is likely to result in hardship to his existing wife or wives and infant children, if any; or (b) the intended wife is of notoriously bad character or is suffering from an infectious or otherwise communicable disease or is likely to introduce grave discord into the household.