Why is 18 the age of majority

What types of supports does he or she need? Are these enough to support him or her in decision-making, or will more supports be needed? The time to explore options for supporting your son or daughter in the future is while you are still the one responsible for making decisions about his or her education, safety, and well being. That way, you have time and opportunity on your side.

Guardianship and Alternatives for Decision-Making Support. Note: The following definitions contain the common elements of each term from various sources.

However, specifics will vary from state to state. Terms are presented in alphabetical order. In most states, this is age Guardianship can come in many forms and can apply to several areas, as shown below. Ad Litem A guardian ad litem is arranged for a designated time period for a designated purpose e. Testamentary Testamentary guardianship is an arrangement in which a current guardian designates a successor guardian for a ward in a will.

Upon the original guardian passing away, the successor guardian assumes the legal responsibility for the ward. The level of incapacitation is a threshold issue that determines what level of guardianship is granted. We hope that this tip sheet has helped you and your young person get ready. May all our sons and daughters go forth, make their foolish mistakes despite our warnings, enjoy their triumphs, ask for our help when they need it, and build their lives as independently and satisfyingly as possible.

Many states also have a Community Parent Resource Center. Both are excellent resources for parents and young adults to consult during transition planning and afterwards. There, you and your son or daughter can connect with the network of disability-related resources and agencies in your state and community, attend workshops on topics of importance, find answers to disability questions, and much more.

Transition to Adulthood Suite This suite is made up of 9 webpages of resources on the entire transition and postsecondary process, including transition planning in secondary school, getting students involved in writing their own IEP, independent living, finding adult services, and connections to employment and postsecondary education connections.

This resource was reviewed by 3-member panels of Parent Center staff working independently from one another to rate the quality, relevance, and usefulness of CPIR resources.

Collaborating partners This tip sheet was developed in collaboration between the:. Thanks to reviewers We extend our appreciation to the many stakeholders e. Without their contributions, these fact sheets would not have been possible. Thank you. Opinions expressed herein do not necessarily reflect the position or policy of the U. Department of Education nor does mention of trade names, commercial products, or organizations imply endorsement by the U.

Department of Education. Back to top. October Links updated, March Age of majority is the age when children legally become adults. It is true that if she was incompetent, they could have sought to appoint a guardian. However, competency simply means she had sufficient competence to comprehend reality and take care of her necessities of life. You are not incompetent because you engage in high risk behavior or disagree with your parents.

The right to live as you chose; to make your own mistakes; to control all aspects of your life so long as you do not break the law, all accrue at the age of eighteen, though some limits may still be imposed by statute, such as the right to smoke or run for Congress which have age limits set in the statutes. One commentator put it well: the age of eighteen in California becomes the age of individual freedom for the individual.

You become a full-fledged citizen with the right to make your own choices - and, consequently, pay the consequences for your own mistakes.

Founded in , our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. Home articles age majority definition and significance.

Two kinds of contract are binding on a minor, namely, a contracts for necessaries and b beneficial contracts of service. At common law a minor was liable on a contract for necessaries because such a contract is for the benefit of the minor himself rather than for the benefit of the tradesman who gave the credit to him. Ryder v. Wombwell L. These factors include the station in life of the minor, the type and quantity of the goods ordered and the supply of such goods available to the minor at the time that the goods were ordered.

Articles of luxury are excluded, although a luxurious article of utility may be included. See further Chalmers, Sale of Goods Act , pp.

Mark, In an action by a vendor against a minor for the price of goods that he alleges to be necessaries, the vendor must prove that:. If an adult lends money to a minor to buy necessaries, and the minor buys the necessaries with this money, the minor is liable to the lender of the money because the latter stands in the place of the person who had been paid. A trading contract is not binding on a minor even though the contract may be for the minor's benefit.

A contract of service that is beneficial to the minor is treated as being in the same category as a contract for necessaries. The mere fact that some clauses are restrictive of the minor's rights does not relieve the minor of his obligations. The court must look at the whole circumstances of the case before deciding whether or not a contract is beneficial to a minor. See Brennan v. National Greyhound Racing Co.

These are:. The courts have taken the view that the effect of this Act is merely to make the contract voidable at the election of the minor. If, in order to induce the contract, the minor makes an express fraudulent representation, e. If he has sold the goods the court may compel him to restore any money he has received for them.

A mortgage, or other agreement, entered into by a minor to secure the repayment of money lent to him is not binding on him and he may repudiate the transaction on attaining the age of majority. An account stated is an admission by one person that a sum certain is due from him to another person. At one time such an admission was regarded as raising an implied promise to pay the amount stated. In modern law an account stated is only presumptive evidence of a debt and the presumption may be rebutted by other evidence.

Furmston, The Infants Relief Act section 2 provides that no action may be brought against a person who on reaching full age promises to pay any debt contracted during minority or ratifies any promise or contract made during minority. Certain contracts made by a minor are binding on him unless and until he repudiates them. Repudiation may take place during minority, or within a reasonable time of the minor's attaining the age of majority.

The contracts concerned are those in which the minor acquires an interest in some subject matter of a permanent nature, i. Cheshire and Fifoot, op. A minor appears to be liable for debts which accrued due before repudiation Blake v. Concannon I. The purpose of paragraphs 3.

The law as to minors' contracts is too wide in scope to be dealt with fully in this paper. As has already been mentioned, the matter will be the subject of a separate paper that will cover:. One type of obligation that a minor may undertake and that has not so far been dealt with is that of marriage. Marriage raises a number of matters that justify treatment in a separate chapter. See Chapter IV infra. The liability of a minor in respect of his tortious actions does not depend upon the age of majority.

At common law a minor of any age may be liable for a tort or civil wrong. The fact that a person has attained a particular age does not of itself make him liable in tort. If the tort is one that requires the minor to have had a particular intention or state of mind or capacity, it will be relevant to consider whether he was old enough to have had that intention or state of mind or capacity. A minor is not answerable for a tort directly connected with any contract in respect of which no action lies against him.

Thus if a minor obtains a loan of money by means of a fraudulent misrepresentation of his age, he is not liable in an action for deceit. Furthermore, he is not estopped from relying on the Infants Relief Act A minor is liable in tort only if the wrongful act he has done is of a kind not contemplated by the contract.

For instance, where a minor had been lent certain pieces of equipment for his own use and he lent them without any authority to a third person who did not return them, the minor was held liable in detinue. It is in some cases difficult to determine whether the tort is so directly connected with the contract as to render the minor immune from delictual liability.

As has been mentioned, a contract induced by the fraud of a minor may be set aside on the application of the other party and the fraudulent minor may be forced to restore what he has acquired by his fraud, if it is still in his possession.

If the age of majority is reduced to 18 and if majority is reached on marriage, a new adult will, on the commencement date of the legislation, acquire all the existing rights and become subject to all the existing obligations of an adult. Examples are as follows:. A new adult will be liable for the repayment of any money that he may borrow and for any goods that he buys after he attains majority;. He may enter into any mortgage, charge or hire purchase agreement that may be required to secure the repayment of moneys owing to him;.

He may buy and sell land and give valid receipts for the purchase money without the intervention of a trustee or other third person;.

He will be entitled to act on the committee of a trade union, or any other body, corporate or incorporate; and he may enter into binding contracts for the repayment of money to such a body;. He may marry without the consent of his parents or guardians or of the President of the High Court;. He may sue or be sued in his own name without the intervention of a next friend or of a guardian ad litem ; and he may enter into a binding compromise of an action without leave of the court;.

The foregoing is, of course, subject to whatever transitory provisions are contained in the proposed legislation. Where a restriction has been imposed or a right given in the Constitution by reference to an age other than 18 years, nothing in the proposed legislation may affect the relevant provision in the Constitution. The age for election to the office of President will still be 35 and the age for membership of the Dail or Seanad will still be See Articles If the age of majority is altered, the proposed legislation will have to include special transitory provisions to cover the cases of those persons who attain the status of majority at an earlier age or time than is now the case.

The transitory provisions will relate to such matters as funds in court, wardship and custody orders, powers of trustees during minority of beneficiary etc. The effect of the new legislation on private dispositions of property by deeds, wills and other instruments will also require special provision to ensure that in general the legislation will not apply to any such instruments made before its passing but that it will subject to some exceptions apply to statutory enactments and statutory instruments no matter when passed or made.

See also paragraphs 5. Reference has already been made paragraphs 2. The Committee of Ministers suggested that consideration should be given to the position of children who, by reason of the lowering of the age of majority, might be deprived of necessary assistance for pursuing education or training.

The maintenance law in regard to such children is considered in some detail in paragraphs 5. In other statutes, however, there is a specific reference to the age of 21 years.

There is a similar definition in section 3 of the Succession Act Chapter VI hereof contains the General Scheme of a Bill to reform the law relating to the age of majority and to provide for consequential amendments in existing statutory provisions.

The Scheme provides specifically for a Schedule of the transitory provisions. See paragraph 3. A reduction in the age of majority to 18 years raises two questions concerning the law of marriage:. If an individual is to reach full age at 18 years, should parental consent for marriage be nonetheless required beyond this age?

In this chapter the following meanings are given to certain terms. The law governing marriage in Ireland was based on the common law as amended by statute. An individual was regarded as having reached marriageable age at 14 years, if a male, and 12 years, if a female.

However, he or she did not reach full age until A marriage when the bridegroom had attained 14 years and the bride had attained 12 years was binding on both parties. Parental consent to the marriage of a minor was not a legal requirement. The English and the Irish law diverged in when the Act for better preventing the Clandestine Marriages was passed. It required the consent of the parent or guardian if an intended spouse was under 21 years of age.

During the 19th century in Ireland Catholic marriages were left to the operation of the common law. They might be celebrated privately or publicly, at any time or place, and in any form or manner the celebrating priest thought proper, without banns, licence, notice, residence or consent. See W. Canon Law imposed certain conditions precedent to the validity of a marriage.

Faloon op. Joyce, Christian Marriage , p. London In general, these statutes dealt with the formalities attending the solemnisation of a marriage. The Marriage Law I Act dealt with the marriages of persons belonging to the Church of Ireland, to the Presbyterian, Quaker, other dissenting Protestant religions, and to the Jewish religion.

By reason of sections 3, 19 and 20 of this Act, in the case of a marriage other than a marriage of Catholics , if any spouse had not attained the age of 21 years, the consent of that spouse's parent or guardian was to be obtained. If, for any reason, the person who was to give the consent was unavailable, or unwilling to do so, an application could be made to the Lord Chancellor, or to Master of the Rolls, for such consent. The requirement of consent appears to have been directory and not mandatory, so that a marriage contracted without the required consent was not invalid.

The marriage laws at the establishment of the Irish Free State in and for the next fifty years may be summarised as follows:. For members of the Church of Ireland, Presbyterians, Quakers, members of other dissenting Protestant religions and members of the Jewish faith, the law of marriage was governed by the common law as amended by the statutes referred to in paragraphs 4.

In the case of a person under 21 years the consent of the minor's parent or guardian was required for the issue of the licence. If such consent was refused or could not be obtained, either the Lord Chancellor or the Master of the Rolls could give the consent.

As regards Catholics the marriage law was the common law, which required no licences, banns, or consent. Under Canon Law a Catholic clergyman was required to solemnise the marriage. Even though the marriage might not comply with Canon Law it was valid if it complied with the common law. Under the common law the minimum age for marriage, irrespective of religious belief, was 14 years for a male and 12 years for a female, i.

By there was an increasing volume of opinion in favour of raising the minimum age for marriage. An example of this was the resolution passed by the General Synod of the Church of Ireland that representations should be made to the appropriate Minister with a view to having the minimum age for marriage raised to 16 years. The United Nations Organisation was particularly concerned about the minimum age for marriage.

In by the Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriage the United Nations agreed that States who are parties to the Convention should take legislative action to specify a minimum age for marriage. Ireland has not yet acceded to this Convention. By General Assembly Resolution XX the General Assembly of the United Nations recommended that, where not already provided by existing legislative or other measures, each Member State should take the necessary steps to adopt such legislative or other measures as might be appropriate to give effect to the following principle:.

Principle II. In this Report it was suggested that the existing marriage legislation might be thought to be discriminatory against some religions and offend against Article See Report of the Committee on the Constitution , pp.

The Bill was introduced as an interim measure and was not designed to establish a comprehensive new marriage code.

Its aim was to make certain desirable and rather urgent changes of a limited character. See S. The minimum age for marriage is 16 years, with a provision enabling the President of the High Court to grant an exemption for a person who has not attained that age section 1 ;.

Sections 19 and 20 of the Marriages I Act are replaced by a new section The substituted section applies to all marriages. See section 7 of the Act. In the case of the marriage of a person under 21 years who is neither a widow, widower nor ward of court, the consent of that person's guardian to the marriage is required.

If there are no guardians, or if the guardians cannot, without unreasonable difficulty, be found or refuse or withhold their consent, the President of the High Court or a judge of the High Court nominated by him may consent. This is the first time that the law has required the consent of a guardian to the marriage of a Catholic minor. It should be noted that the new section does not render invalid a marriage contracted without the required consent.

No regulations have so far been made. The intention at the time of the introduction of the Bill of the Act was that, if the voting age was reduced from 21 to 18 years, a corresponding reduction would be made in the age below which parental consent is required for marriage. The Minister for Health put down two amendments to the Bill:.

After hearing the arguments advanced by several Senators the Minister withdrew the two amendments, thus leaving section 18 stand part of the Bill. See Seanad Debates, 13 December, , Vol. According to the Minister for Health, the intention of the Act was that, once the statutory provisions as laid down in the Act had been complied with, the various religious bodies would be entitled to impose their own discipline on the marriage ceremony.

The State would not interfere with the regulations of a religious body so long as the law of the land was not contravened. A Church authority could exercise its discretion and apply its own rules to its members.

Seanad Debates, December 13, , Vol. Section 1 of the Marriages Act fixes the minimum age for marriage at 16 years. It also provides machinery whereby an exemption order may be obtained.

The application for an exemption order must be made through the Registrar of Wards of Court in accordance with an informal procedure. The application may be made by either party to the proposed marriage without the intervention of a next friend. The application must be heard in private. Before granting an exemption the applicant must show that it is justified by serious reasons and is in the interest of the parties to the proposed marriage.

Applications are made informally through the Registrar in accordance with rules of procedure directed by the President of the High Court.

The application is made by letter or personally. The Registrar sends the applicant a simple form, which is designed to ascertain relevant information such as the age of the applicant, the name and address of the intended spouse and the names and addresses of both parties' parents or guardians etc. Copies of birth, or baptismal, certificates are also required. An appointment is made for the parties, and their parents, to meet the President of the High Court.

The President has separate interviews with the parties to the intended marriage and with the parents or guardians. If the parties are willing, a report may be sought from any clergyman or social worker who is interested in the application. After these interviews, the application is normally adjourned to allow time for consideration of the information available and of any other information that may have been sought. The Act does not mention the possibility of an appeal, but it would appear to be accepted that there is a right of appeal to the Supreme Court.

In there were 9 applications for exemption orders of which 3 were granted, 3 were refused, and 3 were withdrawn. In there were 10 applications for exemption orders of which 5 were granted, 4 were refused and 1 was withdrawn.

Since the Marriages Act came into full force on January 1, , the free age for marriage in Ireland has been 21 years. A person who has attained that age does not require the consent of his or her guardians. Consent is not required in the case of a person who is under 21 years and who is a widow or widower. A minor who is a ward of court requires the consent of the court in order to get married.

In the case of persons requiring the consent of their guardians to marry, if there is no guardian or if the guardian cannot be found or refuses consent to the proposed marriage, an application may be made to the President of the High Court or to a High Court Judge nominated by him. See section 7 of the Marriages Act The application is made informally and the procedure is substantially the same as the procedure for an exemption order outlined in paragraphs 4.

In twenty-seven applications for the Court's consent to marriage were made to the President of the High Court because there was no guardian for one of the parties to the proposed marriage, or because a guardian could not be found.

All these were unopposed and all were granted. The number of applications which were due to the opposition of one or both of the parents or guardians is given in the following table. Of the 22 applications in , 1 was from a 16 year old, 5 were by 17 year olds, 5 were by 18 year olds, 7 were by 19 year olds and 4 by 20 year olds.

Of the 20 applications in , 6 were by 18 year olds, 11 were by 19 year olds and 3 by 20 year olds. The common law age for marriage in England and Scotland was 14 years for a male and 12 years for a female. These were the old Canon Law ages. As was mentioned in paragraph 4. This is the statute which introduced into England the need for the consent of the parent or guardian to a marriage where either of the spouses was under The Act applied only to England and Wales.

The minimum age at which a marriage could be contracted was fixed at 16 years for England and Scotland by the Age of Marriage Act There is no provision for any exemption for a person under 16 years in either of these statutes. The Latey Committee considered whether the minimum age for marriage i.

The unanimous recommendation of the Committee was against any alteration in the age. Latey Report , paragraph The free age for marriage was also considered by the Latey Committee. The majority of the Committee recommended that the free age for marriage should be the same as the age of majority which they had recommended, that is 18 years.

Latey Report , paragraphs to This latter recommendation was accepted and was implemented in the Family Law Reform Act , which applies to England and Wales.

An attempt was made during the passage of the legislation in the British House of Lords to raise the free age for marriage to 20 years. In Scotland the consent of a parent or guardian is not required for the marriage of a person who has reached the minimum age for marriage i.

Appendix C to this paper gives the age of majority, the minimum age for marriage and the free age for marriage in a number of legal systems. It will be noted that normally the age of majority is the same as the free age for marriage. In the last decade the age of majority was reduced from 21 to either 18, 19, or 20 in the following countries: Austria, Denmark, France, Germany, Italy, Luxembourg, New Zealand, Norway, Sweden, Switzerland, and Turkey.

In each country the free age for marriage was also reduced to correspond with the age of majority. Each provincial legislature in Canada has reduced the age of majority from 21 to either 18 or 19 years. In every case when the age of majority was reduced a corresponding reduction was made in the free age for marriage. In the various States of the U. In some States, however, a female may reach the free age for marriage at an earlier age than a male.

For example, in Colorado, Delaware, Indiana, Iowa, Mississippi, Missouri and Texas, parental consent is not required in the case of a man who is 21 or a woman who is In Stanton v. Stanton already referred to in paragraph 2. This decision was made in the context of child support. Nevertheless, the decision raises doubts as to the constitutionality of a statute which provides a different free age for marriage for a man and for a woman. See also Craig v. Boren , 97 Sup.

Formerly, the minimum age for marriage throughout Australia was determined by the common law. The first change was in , when Tasmania raised the minimum age for marriage to 18 years for males and 16 years for females.

Other States followed suit. This Act fixes the minimum age for marriage 'the marriageable age' at 18 years for a male and 16 years for a female section However, a male who has attained the age of 16 years or a female who has attained the age of 14 years may apply to the court for permission to marry a person of marriageable age. The court must hold an inquiry into all relevant circumstances. However, this person may still be a dependent even after reaching the age of majority if they: have a disability are in school full-time e.

When a dependent turns 18 years old, you may not have to continue paying child support unless: You have agreed to pay child support after the age of majority Your dependent has a disability or is in school full-time after the age of majority How is the age of majority different from the legal age?

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