What Is the Legal Age to Marry in Florida?

The legal age to marry in Florida is 18. A 17-year-old can marry only if their parents or legal guardian give written consent and the older partner is no more than two years older. No one younger than 17 can legally marry in Florida, and there is no judicial waiver, pregnancy exception, or other workaround.¹

Marrying at 18 or Older

Once you turn 18, you can apply for a Florida marriage license on your own. No parental involvement, no age-gap limit, no additional approval. You and your partner both appear at a county clerk’s office, meet the standard license requirements, and the clerk issues the license.

Marrying at 17

Seventeen is the floor, and getting a license at that age requires two things at the same time.

First, the minor’s parents or legal guardian must give written consent, acknowledged before an officer authorized to administer oaths. A signed note is not enough; the consent has to be sworn.¹

Second, the older partner cannot be more than two years older than the 17-year-old. A 17-year-old can marry an 18- or 19-year-old with parental consent, but not someone who is 20 or older, no matter how enthusiastic the parents are.¹

Both conditions must be satisfied. Parental consent does not override the age gap, and a small age gap does not remove the need for parental consent.

What the Law Does Not Require for a 17-Year-Old

The statute does not require a judge to evaluate whether the marriage is in the minor’s best interest, hold a hearing, or order counseling. The parental consent and the two-year age gap are the safeguards. Once those are in place, the clerk or judge can issue the license. That makes the sworn parental consent the central gatekeeping step.

Under 17: No Marriage, No Exceptions

A county court judge or clerk of the circuit court cannot issue a marriage license to anyone under 17 in Florida.¹ There is no path. Parental consent does not open one, a judge cannot waive the age, and pregnancy does not change the rule. If one partner is 16 or younger, the answer in Florida is no.

This was not always the case. Before Senate Bill 140 took effect in 2018, Florida allowed marriage at younger ages with parental or judicial consent. SB 140 set 17 as the absolute minimum, required parental consent to be formally acknowledged under oath, and imposed the two-year age gap.²

How Parental Consent Has to Be Documented

If you are 17 and planning to apply, the consent document is not something you can write up at the kitchen table and bring to the clerk. It has to be acknowledged before an officer authorized to administer oaths — a notary public is the common option. The parent or legal guardian signs in front of that officer, who then acknowledges the signature.¹ Call your county clerk’s office before the visit; many have a specific form they want used.

Other Rules That Still Apply at Any Age

Meeting the age requirement is one piece of getting married in Florida. The rest of the license rules apply to everyone, 17 or 70.

Both partners must appear together at a county clerk’s office with government-issued photo ID and their Social Security numbers (non-citizens who have not been issued an SSN can provide an alien registration number or passport number instead).³

Florida residents who skip the premarital course face a three-day waiting period before the license takes effect; the course eliminates that wait, and out-of-state residents are automatically exempt.⁴ Once issued, the license is valid for 60 days.⁵

Residency is not required. Couples from out of state can apply at any county clerk’s office. And living together, no matter how long, does not create a marriage in Florida: the state has not recognized new common-law marriages since January 1, 1968.⁶

1
Justia Law. Florida Code 741.04 – Issuance of Marriage License
2
Florida Senate. CS/CS/SB 140 – Marriage Licenses
3
Justia Law. Florida Code 741.04 – Issuance of Marriage LicenseHow Do I Apply For A Marriage License?
4
Florida Senate. Florida Code 741.04 – Issuance of Marriage License
5
Florida Senate. Florida Code 741.041 – Marriage License Application Valid for 60 Days
6
The Florida Legislature. Florida Code 741.211 – Common-Law Marriages Void