Family · Marriage License
Legal Age to Marry in Florida
The general age and absolute minimum age to marry in Florida, the parental-consent or court rules for a minor where permitted, and recent changes. Cited to the statute and stated as written.
The rule and exceptions in Florida
The general age, the permission path for a minor where allowed, and the absolute minimum.
A 2018 law (SB 140) moved the rules into §741.04 and repealed the former §741.0405. Older sources citing §741.0405, or allowing 16-year-olds, predate that change and are out of date.
| The rule in this state | What it means |
|---|---|
| 18 without consent | A person 18 or older may marry without consent. |
| 17 with acknowledged parental consent | A clerk may not issue a license to anyone under 18 unless the person is at least 17 and provides the written consent of parents or legal guardian, acknowledged before an officer authorized to take acknowledgments and administer oaths, under §741.04. |
| Two-year age-gap cap | For a 17-year-old to marry, the older party must be not more than two years older than the younger party. A 17-year-old could not marry a 20-year-old even with parental consent. |
| No one under 17 | No license may issue to anyone under 17, with or without consent. |
| Exceptions and limits | What it means |
|---|---|
| No pregnancy or judicial-waiver route | An older provision that allowed 16-year-olds with parental consent, and let a judge issue a license for pregnancy, was repealed by a 2018 law. There is now no pregnancy exception and no judicial waiver below 17. |
| Citation note | The current 17-year-old rule is in §741.04. The former §741.0405 was repealed in 2018, so citations to that section for the current rule are out of date. |
What to know
Neutral, factual points about applying for a marriage license in Florida. This is legal information, not legal advice.
- At 18 or older, no consent is needed
A person 18 or older can obtain a Florida marriage license without consent.
- A 17-year-old needs acknowledged consent
A 17-year-old must provide written parental or guardian consent that is acknowledged before an authorized officer, and the older party can be no more than two years older.
- Know the under-17 bar
No license may be issued to anyone under 17 in Florida, with or without consent, and there is no pregnancy or judicial-waiver route.
- Use the correct citation
The current rule is in §741.04. Do not rely on the repealed §741.0405. Confirm the current statute or consult a licensed Florida attorney.
Marriage-license rules and any minor exceptions turn on the current statute and your facts. This resource can connect you with a court self-help center or a licensed attorney.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice, and it states the law as written. Minimum-age laws have changed in several states recently, so confirm the current statute with a court resource or a licensed attorney.
The Florida law in detail
In Florida the general age to marry is 18, and a person that age or older needs no consent. For a minor, §741.04 sets a narrow path: a clerk may not issue a license to anyone under 18 unless the person is at least 17 and provides written parental or guardian consent that is acknowledged before an officer authorized to take acknowledgments, and unless the older party is not more than two years older than the younger. That two-year cap means a 17-year-old could not marry a person who is much older even with a parent’s consent. No license may issue to anyone under 17. A 2018 law reshaped this area: it repealed the former §741.0405, which had allowed 16-year-olds with parental consent and permitted a judge to issue a license in cases of pregnancy, and moved the current, narrower rules into §741.04. As a result, there is now no pregnancy exception and no judicial waiver below 17, and citations to the old §741.0405 are out of date. This page states the law as written.
Common questions
What is the legal age to marry in Florida?
The general age is 18. A 17-year-old may marry with acknowledged parental consent, and only if the older party is not more than two years older, under §741.04. No one under 17 may marry.
Can a 17-year-old marry an adult in Florida?
Only if the older party is not more than two years older. The two-year age-gap cap in §741.04 means a 17-year-old could not marry someone significantly older, even with parental consent.
Can anyone under 17 marry in Florida?
No. A license may not be issued to anyone under 17, with or without consent, and there is no pregnancy or judicial-waiver route since the 2018 change.
Is the Florida marriage-age rule in §741.0405?
No longer. Section 741.0405 was repealed in 2018, and the current 17-year-old rule is in §741.04. Citations to §741.0405 for the current rule are out of date.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.