HRS §580-22
Who can ask to cancel a marriage because one spouse was underage
This law says who can ask a court to cancel (annul) a marriage because one spouse was under the legal age. Only the minor's parent, guardian, or a court-approved friend can bring the case. The marriage cannot be canceled if the older spouse was of legal age at the time, or if the couple lived together as married after both became legal age.
guardiansparents
The statute, as written — Nonage
An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as a married couple. [CC 1859, §1314; am L 1903, c 22, §2; RL 1925, §2956; RL 1935, §4451; RL 1945, §12202; RL 1955, §324-2; HRS §580-22; am L 1973, c 211, §5(j); am L 2023, c 160, §8]
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.