The age of consent is the age at which a person can make a valid contract of marriage. At the common law, this was fourteen years in the case of males, and twelve years in the case of females. At the present time, the age of consent is regulated by statutes in every state, the age being almost invariably older than the age of consent at common law.4

The marriage of any infant under the age of consent is voidable. Such marriage may be disaffirmed at any time before the party reaches the age of consent or upon reaching such age; it can only be ratified after the party has reached the age of consent. Such disaffirment or ratification may consist either of an express declaration to this effect, or of a course of conduct inconsistent with a contrary intention. Thus a marriage may be disaffirmed by the party under the age of consent abandoning the marriage relation before reaching, or upon reaching the age of consent, while the act of such party in continuing in the marriage relation after reaching the age of consent will be a sufficient ratification of the contract.

4 See Statutes of Several states.

The right to disaffirm such marriage is personal to the party who was under the age of consent at the time the marriage was contracted. The other party to the marriage, if over the age of consent, will be bound thereby.5

After an infant has reached the age of consent, he is capable of making a valid contract of marriage. By statutory provisions, in the several states, the consent of the parents of a minor, even although over the age of consent, to his or her marriage is generally required.

The disregarding of such statutory requirement will not invalidate the marriage, but the minister or public official celebrating the marriage renders himself criminally liable.

An infant over the age of consent is not liable on a promise to marry.