Why is the marriageable age at 18? Underage marriage: what does the law allow? Conditions for marriage

Civil Code of the Russian Federation).

However, there are exceptions to this general rule. In some cases, it is possible to marry before the age of majority.

Conditions under which marriage is possible for persons over 16 years of age

The family legislation of the Russian Federation provides for the possibility of reducing the age of marriage by two years, that is, up to 16 years. At the same time, the law refers the decision on the issue of reducing the age of marriage to the competence of local governments.

To reduce the age of marriage to 16, you must have good reasons(clause 2, article 13 of the RF IC). The list of such reasons is not provided by law, however, as a rule, they include pregnancy, the birth of a child, de facto marital relations with a citizen who has not reached the age of marriage, etc.

Permission to marry minors is issued by the local government at the place of residence of these citizens and on the basis of their written application (clause 2, article 13 of the RF IC). The application must be accompanied by, among other things, documents confirming the existence of valid reasons for reducing the age of marriage: a certificate from the clinic about pregnancy, a birth certificate, etc.

The consent of the parents of minors is not required for marriage.

Conditions under which marriage is possible for persons under 16 years of age

The laws of the constituent entities of the Russian Federation may establish the procedure and conditions under which marriage, as an exception, taking into account special circumstances, may be allowed before the age of 16 (Clause 2, Article 13 of the RF IC).

At the same time, the concept and list of special circumstances that allow persons under the age of 16 to enter into marriage are not provided for by federal legislation. However, in accordance with the legislation of the constituent entities of the Russian Federation, such circumstances may include pregnancy, birth common child(children) for citizens wishing to marry, a direct threat to the life of one of the parties (Article 2 of the Law of the Moscow Region of 30.04.2008 N 61/2008-OZ).

The decision to allow a person under the age of 16 to marry, for example, in the Moscow Region, is made by a member of the Government of the Moscow Region authorized by the Governor of the Moscow Region, and issued by his order by the executive body of the subject of the Russian Federation on the basis of a written application by the minor (minors), his parents (adoptive parents, guardians).

When there are disagreements between parents (adoptive parents, trustees) and a citizen who wishes to marry, an application for permission to marry is considered with the consent of the guardianship and guardianship authority at his place of residence (parts 1, 2, article 3

In order to obtain permission to enter into marriage, simultaneously with the submission of applications, documents confirming the special circumstances for entering into marriage, passports of parents and persons wishing to enter into marriage are submitted.

If there are disagreements between the person who wants to marry and his parents (adoptive parents, trustees), you will also need to provide a document from the guardianship and guardianship authority on consent to the marriage of a person under the age of 16 years (part 3 of article 3 of the Law of the Moscow Region N 61 / 2008-OZ).

The procedure and consequences of marriage

Married persons submit to the registry office a joint application for marriage, at the same time they will need to present, among other things, permission to marry before reaching marriageable age (clause 1, article 26 of the Law of November 15, 1997 N 143-FZ) .

State registration of marriage is carried out in the personal presence of the persons entering into marriage, after a month from the date of their submission of an application to the registry office. However, if there are valid reasons, marriage registration may be allowed before the expiration of a month, and in the presence of special circumstances - on the day of filing an application (clause 1, article 11 of the RF IC).

Persons who have entered into marriage before they reach the age of 18 acquire civil capacity in full from the date of state registration of marriage. Legal capacity is retained by these persons in the event of divorce before reaching the age of majority. However, if the marriage is declared invalid, the court may decide that the minor spouse will lose full legal capacity from the moment determined by the court (clause 2, article 21 of the Civil Code of the Russian Federation).

Vika Dee

Getting married is one of the most important decisions a person makes in their life. Many people put it off, until they have the appropriate material opportunities, their own apartment, a good job, etc., and some even abandon the family for the sake of a career. This trend is observed in different countries and Russia is no exception.

However, there is and the opposite trend: more and more often teenagers who have not reached the age of majority are actually getting married, although according to the law of the Russian Federation, the marriageable age begins at 18 years old. So at what age can you get married?

By law, you can get married and get married from the age of 18 - this is how the age of marriage is set in the Russian Federation in accordance with the law

This is due to the need compliance with the following conditions:

• persons seeking to enter into marriage must reach physiological maturity to reproduce offspring, without endangering their own health and life;
• they must also have a certain level of psychological maturity in order to be responsible for the family being created and the unborn child.

That is why 18 years is considered the age sufficient for marriage: by this time, future spouses have already completed secondary education and can work to financially provide for the family, and young men can be drafted into the army.

This is the answer to the question, how old is marriage allowed under the laws of Russia, according to the Family Code of the Russian Federation, and what minimum age for this.

However, it is not uncommon for marriages of persons who have not reached the age of majority to be registered.

In a number of regions and regions of Russia, a resolution on reducing the age of marriage, that is, from what age a marriage can be registered, is being adopted regional authoritiesspecial legislation.

As of 2019, the table of marriageable age in the constituent entities of the Russian Federation for persons under the age of 18 is as follows:

It should be noted that although in Russian law those who marry are called citizens, we can only talk about persons of opposite sexes - same-sex marriages are prohibited.

Early marriage in the registry office

In addition, an obstacle to marriage, regardless of age, is:

• undissolved previous marriage;
• close relationship;
• mental disorder resulting in a confession judicial order incapacity of a citizen;
• it is forbidden to marry guardians with pupils, as well as adoptive parents with adopted children.

It is probably unnecessary to remind that a prerequisite for registering a marriage is the mutual consent of the parties.

Early marriages at the age of 16, and even more so at the age of 14, the registry office not allowed to register without consent representatives of the local administration and guardianship authorities at the place of residence of minors.

Marriage of a minor

There are the following conditions under which the local administration and guardianship authorities can authorize marriage in an official manner through the registry office:

• pregnancy of a minor girl;
• the birth of a child when the mother has not yet reached the age of majority;
• cohabitation of minors in a de facto civil marriage, which implies the maintenance of a common household;
• the absence of parents, adoptive parents, guardians or trustees among orphans;
• marriage between 16-17-year-old citizens is possible upon their personal application.

Others may come forward good reasons provided by law, although the Family Code establishes a lower age limit for marriage, which is 14 years.

Young people and their parents (adoptive parents, guardians, custodians) should be aware that if permission to register a marriage is not obtained from the relevant authorities, then they have the right to appeal this unlawful, in their opinion, decision in court.

Since teenagers are minors, it is necessary to obtain permission to register a marriage in the guardianship authorities, which must make a decision within 10 days according to their application. An official certificate should be attached to it, which serves as a justification for the need for official registration of marriage (certificate of pregnancy from the antenatal clinic, and if the child has already been born, then his birth certificate).

It is desirable that, together with minors, their parents (adoptive parents, guardians, trustees) submit such an application.

After obtaining permission from the guardianship authorities, you can contact the registry office, which is obliged to register the marriage if you have the relevant documents. However The registry office may request other documents, so it's best to figure out what exactly you might need first.

Submission of documents to the registry office for minors

Marriage entails important changes in the lives of minors: from the age of 16 they are recognized as capable and receive the same rights as upon reaching the legal age of majority at 18, that is:

• Start labor activity with official registration of labor relations;
• the right to conclude civil law contracts;
• running your own business by registering with the tax authorities.

However, if the marriage is dissolved before the age of 18, then the minor is deprived of all these rights.

May 31, 2018, 22:05

People who have reached the age of majority in Russia have no problems getting married. It is enough for them to provide, and then come to the painting. Another thing is when they want or for some reason are forced to marry. But even in this case, under certain conditions, they can get the appropriate stamp in their passport.

Marriage age in Russia according to the Family Code

As a result, they bear the same burden of responsibility as those who have already reached the age of 18. Also, the disadvantages include excessive infantilism. Such people, in fact, are themselves still children who have an underdeveloped nervous system in general and psychology in particular.

In most cases, love relationships between teenagers are built on the basis of raging hormones. When they grow up, their romantic attachment to each other may completely disappear. As a result, they will either get divorced or become purely supportive.

What rights and obligations are assigned to minor spouses?

Persons under the age of 18, after marriage, before the law become equal topics who did so at a later age.

A list of all duties can be found in Articles 61 to 79 of the UK. They detail what spouses can and should do.

But at the same time, minors who have entered into marriage acquire rights and obligations not only in their family life but also in all other areas.

So, for example, after that they begin to bear responsibility for committed administrative and criminal acts (for example, causing harm). In fact, after marriage, teenagers become adults.

Spouses cannot remove the status of adults, including if they divorce before they turn 18 years old. The exception is, but this process is notable for its considerable complexity and duration.

Reasons why you may not be allowed to marry before the age of 18

There are two situations where they can. The first is the absence of good reasons.

So, in cases with pregnancy or already born child refusals are extremely rare, and when people just actually live together - very often.

The authority that examined the application may consider that such a reason is insufficient. The second is parental disagreement. But this reason is characteristic of those cases when persons have not yet reached 16 years of age.

Marriage age- this is the minimum possible age for concluding a marriage union, established by law.

It must be understood that the article describes the most basic situations and does not take into account a number of technical issues. To solve your problem, get legal advice for housing issues, call the hotlines:

Call right now and solve your questions - it's fast and free!

The concept and definition of marriageable age is established in. According to this article marriageable age in the Russian Federation begins at 18 years of age.

Marriage age in Russia

Local self-government bodies, when given justified and valid reasons, have the competence to reduce the age limit for concluding a marriage union by 2 years. Finally, the marriageable age in Russia is allowed to be reduced by each specific subject of the Russian Federation. To do this, they must prescribe in their legislative acts exceptional causes, allowing to conclude a marriage union between citizens or with citizens who have not reached the age of 16.

In particular, in Murmansk, Ryazan and Tver, regional legislatures lowered the age of marriage to 15 years. In Vladimir, Vologda, Kaluga, Moscow, Rostov, Samara and Tula, the regional councils of deputies, by their legislative acts, allowed the reduction of the age of marriage in special cases to fourteen years. In Bashkortostan, as well as the Oryol and Novgorod regions, all restrictions on the age of marriage have been lifted. In other regions, there are no at the legislative level grounds for lowering the age of marriage.

The marriageable age may be reduced under the following exceptional circumstances:

• conception of a child or his birth as a minor;
• the existence of a real threat to the life of one of the persons who wish;
• orphanhood of future minor husband and wife and their absence of official guardians.

Family code allows regional legislative assemblies issue permission to reduce the age of marriage in the presence of other exceptional circumstances.

The concept of marriageable age in the laws of other countries

The concept of marriageable age is not subject to any general rule, and varies widely across the world.

But in the second half of the last century, under the influence of the progressive public, the age of marriage was increased to the limit generally accepted in world practice - 18 years of age of majority.

IN USA The marriageable age is not regulated by the federal age, but is set by each state separately. Therefore, from state to state, the minimum age for marriage varies from the age of majority up to a minimum age limit of 13 years.

USSR

In the USSR, the marriageable age came with adulthood, but could be reduced by no more than two years. In Soviet Ukraine and Uzbekistan, the age of marriage was set at 17 year old turn.

Great Britain

This country has a minimum marriageable age of 16 years. However, it should be understood that in Great Britain there is no unified legal and case system. Therefore, often the 16th anniversary is a rather conditional minimum limit for concluding a marriage union. It may vary depending on the legal system in which the issue will be considered:

• England;
• Northern Ireland;
• Scotland.

Finally, if the issue of marriageable age is considered in court, then the case law in force in the UK comes into force. And in this case, the determination of a specific marriageable age for a given trial will depend solely on the dexterity and resourcefulness of lawyers.

Germany

The Legislative Assembly of the Federal Republic of Germany also set the minimum bar for concluding a marriage union at the level 16th anniversary person who wishes to marry.

France

In France, an interesting situation has developed in relation to the marriageable age. French laws set a minimum age for marriage for men upon reaching his majority - 18 years. But for women, the marriageable age can be reduced to 15 years, confirming the rather free attitude of the French to the relationship between a man and a woman.

In other countries, there are other limits on the age of marriage. In some countries it even reaches 13 year old age. Moreover, not only in Asian or South American countries, but also, for example, in Spain and the Canadian province of Quebec.

In Russia, the age of marriage is set at 18. However, the law allows for the possibility of marriage at the age of 16 and even earlier. According to Art. 13 family code In the Russian Federation, if there are valid reasons, local self-government bodies at the place of residence of persons wishing to marry, have the right, at the request of these persons, to allow persons who have reached the age of sixteen years to enter into marriage. The procedure and conditions under which entry into marriage as an exception, taking into account special circumstances, may be permitted before reaching the age of sixteen, may be established by the laws of the constituent entities of the Russian Federation.

The lowest marriageable age is 14 Chechen Republic, the Republic of Adygea, Moscow, Tyumen, Kaluga, Tula, Vologda, Orel, Nizhny Novgorod, Tambov regions, the Jewish Autonomous Region, the Khanty-Mansiysk Autonomous Okrug. The marriageable age of 15 is set in the Chelyabinsk, Ryazan, and Murmansk regions. The procedure and conditions for obtaining permission for early marriage in respect of persons over 16 years of age are established by local authorities; in relation to persons under 16 years of age - by regional authorities.

Conditions and procedure for marriage of persons under the age of 18:

• valid reasons;
• availability of permission from local authorities;
• voluntary consent of the persons entering into marriage.

So, the main condition is the presence of good reasons. But what is meant by "good reasons"? In practice, valid reasons are:

• pregnancy,
• the birth of a common child,
• immediate threat to the life of one of the parties,
• actual marital relations (civil marriage),
• calling the groom to serve in the Armed Forces of Russia, etc.

However, there are other cases that may be recognized by local governments as respectful. Each such issue is resolved on an individual basis. Each region, as a rule, has its own list of valid reasons, taking into account national, cultural and other characteristics. So, in Moscow and the region, according to Art. 2 of the Law of the Ministry of Defense "On the procedure and conditions for marriage in the territory of the Moscow Region of persons under the age of sixteen years" dated April 30, 2008 No. 61/2008-OZ special circumstances giving the right to obtain permission to enter into marriage to a person (persons) , under the age of sixteen, are pregnancy, the birth of a common child (children) among citizens who wish to marry, a direct threat to the life of one of the parties.

Minors wishing to get married must submit the following documents to the administration of the district, city, district in the city at the place of state registration of marriage:

• statements of persons wishing to enter into marriage;
• a document confirming the existence of valid reasons (medical certificate of pregnancy, birth certificate of a joint child, certificate from the military registration and enlistment office, etc.);
• original and copies of birth certificates;
• passports and copies of passports;
• statements of consent to the marriage of parents (not required, but desirable);
• certificates from the place of work (study) indicating the salary of persons wishing to marry (required in most cases).

Not only those entering into marriage, but also their parents, guardians, trustees, other persons and institutions who are raising minors can apply for a reduction in the marriageable age (part 2 of article 123, part 1 of article 147 of the Family Code RF). However, in this case, it will also be necessary to obtain the consent of the persons entering into marriage.

The term for consideration of applications in most cases, including in Moscow and the region, is 20 calendar days from the date of registration of applications after submission required documents. Permission to enter into marriage is issued by a resolution of the Head of the Administration of the district, city, district in the city at the place of state registration of marriage. The specified resolution has a single value and is designed for specific case. After obtaining permission, the marriage is registered in the usual manner provided for by the Federal Law "On acts of civil status".

Is parental consent required for early marriage of children?

The consent of legal representatives is not a mandatory legal condition for registering an early marriage, although their opinion is taken into account. A parent (parents) who disagrees with the decision of the registry office has the right to appeal the decision to the court.

Legal Consequences of Early Marriage

A person who enters into marriage before reaching the age of 18 automatically acquires full civil capacity, i.e. becomes emancipated (Article 21 of the Civil Code of the Russian Federation). This means that in his rights and duties he is equal to an adult. It is important to understand that from the moment the marriage is registered, yesterday's children acquire not only a whole range of rights, but also a baggage of responsibility for all their actions - whether it be obligations from causing harm or administrative responsibility. Acquired legal capacity is retained even in the event of a divorce before the age of 18. The only thing that can return a teenager to his former legal status is the recognition of marriage as invalid by a court.