3. Persons are legally competent to intermarry who (_a_) are of a legal age to contract marriage, (_b_) are of sound mind, (_c_) have not at the time a wife or husband living with whom they have contracted a marriage which is recognised by English law and has not been declared void or been dissolved by a divorce a _vinculo_ recognised by English law, and (_d_) are not within the prohibited degrees of consanguinity or affinity. A Christian and a non-Christian may be married in church, as well as Christians of different denominations; and a clergyman cannot make religion or absence of religion a ground for refusing to perform the ceremony.[222] 4. The _minimum_ legal age for contracting marriage is fourteen for the husband and twelve for the wife. In the case of minors the consent of parents or guardians is necessary to their marriage after banns. In the case of the marriage by licence of a minor who is not a widower or widow, the consent to the marriage must be obtained from the father if living, and if he is dead, from some one guardian of the minor (if any). The mother, whether still a widow or remarried, is by law a guardian of the minor unless she has been removed from the office by the High Court of Justice. If she has been so removed and she remains a widow, and there is no guardian in existence, her consent to the marriage is necessary. Where no requisite consenting party is in existence, the marriage may be solemnised without consent. If the father, mother, or other guardian is of unsound mind, or abroad, or unreasonably withholds consent, the Lord Chancellor or some other Chancery judge may on petition make declaration that the marriage is proper, which will supersede the necessity for the consent.[223] This consent of parents is not required in the case of a minor who is illegitimate.[224] A clergyman is not punishable who, without notice of the fact, solemnises the marriage of a party under the lawful age, or the marriage of a minor without the consent of parent or guardian; and the marriage of a minor above the marriageable age without such consent, if it actually takes place, is valid, and cannot be made void.[225] But the marriage of a person under the lawful age can be declared void by him or her on attaining that age. If, however, he or she then consents to the union, no remarriage is necessary.[226] 5. The marriage of a person who is a lunatic or of unsound mind is void, since such a person is not capable of consenting to the ceremony.[227] On the same principle, if a person is forced to go through the ceremony against his or her will, it is no marriage and void.[228] 6. Where a married person is absent and unheard of for seven years, a presumption of death arises, and the other party marrying again after the lapse of that time is not punishable for bigamy.[229] But the remarriage will of course be void if it subsequently appears that the absent party was actually alive at the time when it was solemnised.