As a general rule, 18 years is the minimum age for marriage. However, emancipation and the demands of the times leave their mark on the development of today's youth. Therefore, the situation with the need (or desire) get married before the age of 18 occurs quite frequently. Before making such a significant decision, young people and their parents should be aware of the legal nuances and consequences of early marriage.

Is it possible to get married before the age of 18? Here it should be noted that the legislation of some subjects of the Federation provides for a lower limit of the age of marriage. Thus, in the Tambov, Oryol, Tula (and about 10 more) regions it was installed marriageable age from the age of 14. In the Chelyabinsk, Murmansk and Ryazan regions, this age is 15 years. Therefore, in such subjects of the Federation, marriage before the age of 18 is simplified.

Conditions for marriage

In order for a family union between minors to be registered in the manner prescribed by law, three key elements must be present:

• valid reasons for marriage before 18;
• full and unconditional consent of the couple to enter into a family union;
• permission from local authorities.

The first and most difficult element of this list of conditions is “good reasons.” Such categories are called evaluative in jurisprudence and are subject to evaluation in each specific case. Generally accepted valid reasons for marriage by persons under 18 years of age are:

• threat to the life of one of the future spouses;
• pregnancy;
• the birth of a common child;
• call for service in Armed forces;
• the presence of actual marital relations (the so-called “civil marriage”).

The subjects of the Federation have the right to supplement such a list. Validity of the reason for joining the matrimonial union is assessed in each individual case by local governments. As a result of consideration of the issue, they may or may not issue a marriage license to persons under marriageable age.

A prerequisite for recognizing circumstances as valid is their documentary evidence. All facts referred to by the applicants must be confirmed by relevant documents. An example of such documents may be a certificate from antenatal clinic, a certificate from the guardianship and trusteeship authorities about a study of housing conditions, and so on. After collecting all the documents necessary to apply for permission to enter into a matrimonial union, persons under the age of eighteen apply to the competent authority.

Who issues a marriage license?

So, how is it possible to document marriage before the age of 18? An application for issuing a permit to enter into a matrimonial union may be submitted to the local self-government bodies of a constituent entity of the Federation. Such an application must be submitted personally by a minor with all documents confirming his identity and the need to conclude a marital union. The application for a permit must be accompanied by:

• original and copy of the birth certificate;
• documents confirming the presence of a good reason;
• passport and its copy (if one of the future spouses is an adult);

These documents are required to be submitted. Also, in most cases, it is required to provide written permission from parents to marry, a certificate from the place of work / study on the availability of income. Not only future spouses, but also their parents, guardians or trustees can apply for a permit. However, in this case, the written consent of the minors must also be attached to the application.

After receiving and registering an application, the local government authority considers it within 20 calendar days. Each application is considered on an individual basis and is of a one-time nature - it can be used exclusively for registering the marriage of specific persons once. The permit is issued in the form of a resolution of the head of the local self-government body.

In case of refusal to issue a permit, such a decision may be appealed by the minors themselves, their parents, guardians, as well as guardianship and guardianship authorities. An appeal against a decision of a local self-government body is carried out in accordance with the general procedure.

Is parental consent required?

The issue of mandatory parental permission for marriage is controversial. Some jurists consider such permission to be optional. However, the legislation of the subject of the Federation may establish its own list of documents that are necessary for obtaining a permit, supplemented and expanded.

In practice, quite often the subjects of the Federation include exactly the permission of the parents in the mandatory list of documents. Therefore, the obligation to have parental consent depends, first of all, on the place of future registration of marriage and local legislation.

The procedure for concluding a marriage

After obtaining all the necessary permits, the future spouses submit an application for marriage registration to the registry office in the general manner. The application can only be submitted in person. Some countries allow the filing of an application for registration of marriage by proxy for a representative, but Russian law does not provide for this possibility.

After submitting an application, registration takes place in accordance with the general rule (established for adults as well) within a period of one to two months. In the presence of exceptional circumstances, the registration of marriage can be made in a shorter time - up to the next day after the submission of the application. In order to register a marriage within a shorter period, it is necessary to prove the existence of exceptional conditions. These include:

• bride's pregnancy
• the birth of a joint child;
• the presence of a threat to the life or health of future spouses.

These circumstances must be documented (certificate from the hospital, maternity hospital, other written evidence). The decision to speed up the registration process is taken directly by the registry office.

The further procedure for registering a marriage takes place in a general manner. Spouses can choose one of two types of registration - solemn or ordinary. Registration of marriage is mandatory carried out in the premises of the registry office.

The law does not establish benefits for persons under 18 years of age regarding the payment of the state fee for registering a marriage. It is paid by minor spouses in the same amount as adults. As a result of the registration of the spouse, I receive a certificate of registration of their marriage.

Rights of the child and parents in early marriage

One of the most common causes the conclusion of marriage by minors is the pregnancy of the bride or the birth of a common child. After the conclusion of the marital union, the couple not only acquires obligations regarding each other, but also rights and obligations regarding the common child. For persons under the age of 18, due to their youth, the rights and obligations regarding the child do not change.

The fixation of rights and obligations regarding a minor child is due to the fact that upon marriage they acquire full legal capacity. That is, after the moment of registration, they acquire the status of adults, and everything that happens next (the acquisition of rights and obligations) takes place for them in the “adult mode”. For failure to fulfill their duties as parents, the spouses are also fully responsible.

Legal consequences of marriage

The main legal consequence of the conclusion of a marital union by persons under the age of majority is its so-called emancipation. Civil law establishes the age of acquisition of full legal capacity by a person - 18 years. However, when entering into a marriage, a person acquires rights and obligations within the framework of full legal capacity automatically, regardless of his age.

The fact of emancipation occurs automatically at the time of marriage registration. Article 27 of the Civil Code of the Russian Federation also provides for a different procedure for acquiring full legal capacity for minors - if the latter works under employment contract. However, the moment of acquiring legal capacity in this case is different - this fact must be established by the court or the guardianship and guardianship authority. In this case, if the minor has acquired legal capacity under an employment contract, he has the right to marry before the age of 18 without obtaining a special permit.

The emancipation of a person under 18 gives rise to a whole list of new rights and obligations for him. A person acquires the right to make many transactions that minors cannot make. At the same time, responsibilities are acquired, for example, regarding the child. If a marriage with a minor is declared invalid, the court may decide to deprive the person of full legal capacity.

Together with the acquisition by a minor of all the rights of a capable person, his parents, guardians or trustees are relieved of the obligation to answer for the obligations of the child. Emancipation does not extend to the area of ​​criminal responsibility. Acquiring the full scope of rights does not mean lowering the age of criminal responsibility and applies exclusively in the field of civil law.

Recognition of marriage between minors as invalid

To recognize a marriage with a minor as invalid, two types of grounds can be applied:

• common (characteristic of adult marriage);
• special (applicable only to early marriage).

The latter should include, first of all, the lack of a properly executed permission to enter into marriage and register a marriage without such permission. Also, the grounds may be the incorrect execution of the permit, the lack of the subject who issued it, the necessary competence.

The initiators of a marriage appeal may be:

• one of the spouses;
• parents or guardians of a minor spouse;
• body of guardianship and guardianship;
• prosecutor.

The procedure for appealing a marriage takes place in a general manner - by filing an application for recognition of the marriage as invalid in court. The court considers the materials of the case and makes a decision on the merits. Traditionally, representatives of all parties who took part in the marriage (including the self-government body that issued the permit, as well as guardianship and guardianship authorities) are traditionally summoned to the court session.

In legal circles, opinions differ regarding the legal capacity of a person after the recognition of a marriage as invalid. In this case, there are several options for the development of events:

• the court indicates the fact of loss or fixation of legal capacity in the decision;
• the parties apply to the court with a separate claim for the deprivation of full legal capacity of the minor;
• The parties leave this issue unresolved by the court.

In the latter case, the full legal capacity of the minor will be lost. In case of re-marriage by a minor, permission to marry will be considered again, without taking into account previous registration.

Despite the fact that underage marriages are quite common throughout the world, it is wrong to consider them an absolute norm that does not require reservations and amendments to the procedure and preconditions.

That is why the legislation regulates in sufficient detail the issue of marriage of persons under the age of 18 years.

People who have reached the age of majority in Russia do not have problems getting married. All they have to do is provide it and then come for painting. It’s another matter when they want or for some reason are forced to get married. But even in this case, if certain conditions are met, they can receive 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 18 years of age. Also, the disadvantages include excessive infantilism. Such people are essentially still children themselves, who have an underdeveloped nervous system in general and psyche in particular.

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

What rights and responsibilities are assigned to minor spouses?

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

The list of all responsibilities can be found in articles 61 to 79 IC. They detail what spouses can and should do.

But at the same time, minors who get married acquire rights and responsibilities not only in their own family life, but also in all its other areas.

For example, after this they begin to bear responsibility for administratively and criminally punishable acts (for example, causing harm). In fact, after marriage, teenagers become adults.

Spouses cannot remove their adult status, including if they divorce before they turn 18. The exception is, but this process is characterized by considerable complexity and duration.

Reasons why marriage may be prohibited before the age of 18

There are two situations when they can. The first is the lack of valid reasons.

So, in cases of pregnancy or already born child refusals occur extremely rarely, and when people simply actually live together - quite often.

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

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 financial opportunities, their own apartment, good job etc., and some even abandon their 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 of how old marriage is allowed under the laws of Russia, according to the Family Code of the Russian Federation, and what is the 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 actual civil marriage, which implies maintaining 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, trustees) should be aware that if permission to register a marriage is not received from the relevant authorities, 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

Marriage age is the minimum number of years for official registration at the registry office. Russian The law establishes 18 years of age- when a person becomes an adult.

The issue of lowering the age for marriage is not idle. In multinational Russia There are republics where earlier marriage is national tradition . Therefore legislators addressing the issue of lowering the age of marriage handed over to the regional governments.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Marriage age in Russia and attempts to change it

requires reaching a certain age. Back in the USSR, the Supreme Council established in the law on family and marriage that at what age can you get married- 18 years. Since then, this figure has not changed to this day.

Since marriage requires the physical and mental maturity of a person, Russian legislation is also clear regulates the age of marriage to 18 years.

Article 13 of the RF IC: “If there are valid reasons, local government bodies at the place of residence of persons wishing to get married have the right to allow persons who have reached the age of sixteen to get married.”

The acceleration of the 21st century has led to the fact that marriages are getting younger every year. And now the question arises: what to do with those who are “under 16”? the federal law did not prescribe such options, but left the decision of this issue to the regional government.

Currently already 18 regions have included amendments to local legislation. Now in these regions children 16 years old can also get married. A “special” case is already being considered for those under 16 years of age. The list of innovators includes the Tyumen and Murmansk regions, Rostov, Samara, Tambov regions.

The fact that the legislators of Kabardino-Balkaria and Tatarstan decided to amend the republican legislation about the age at which one can get married is quite understandable.

After all, there early marriages are a national tradition, and girls were already considered brides at the age of 14.

The Family Code of Tatarstan does not indicate a lower limit, at what age can you get married?. But The bride and groom must have passports. And passports are issued from the age of 14! So, marriage can become younger in the republic already at the legislative level.

Will he decide? question of lowering the age of marriage at the federal level is still unknown. After all, psychologists, doctors, and public figures approach this topic very carefully.

Early marriages do not benefit a young, fragile body. Also the youth, burdened family problems, has difficulty getting an education, making a career and achieving success in life.

The State Duma is currently considering the issue of further lowering the age of entry into adult life . In this case they put the necessary conditions, to at least one of the young people was over 16 years old.

What age do marriages take place on average?

Throughout the 20th century, changes on a global scale and two world wars at once should have affected the statistics of marriage rates.

But if you look at the numbers, then average age marriage rates have remained virtually unchanged for a long time. At the end of the 20th century, men and women married at the age of 23 and 20, respectively..

According to statistics, for the period since 1979, the average age of entry into marriage in Russia has been 24.5 years for men and 22.5 for women. Until the early nineties, these figures remained virtually unchanged.

During from 1990 to 1993 there is a decrease in age young people getting married for 2–3 years. many girls at that time they were married at 18 and 19 years old. Most of the female population of Russia was already married by the age of 21..

This is due state policy to strengthen the family. Cohabitation without registration was not only not welcomed, but also condemned and brought a lot of inconvenience in life.

An unregistered couple was not placed in the same hotel room. A woman living without registration with a man, public opinion considered frivolous and illegible. She rarely managed to make a career out of her work.

At the same time, young families aged 21-22 years old, as a rule, completed their studies at universities and went on assignment together. The family enjoyed an advantage in obtaining an apartment, a married man was easier to get promoted, since he was considered more reliable and serious.

When do young people get married on average, according to statistics?

Currently, since 2011, statistics on the average marriageable age in Russia have remained confidently at around 27 years for men.

Chart of age at marriage for men in Russia in 2011

Young people are in no hurry to tie the knot. Young men are aimed at high results, and the family, in their understanding, can be a burden in achieving these goals.

In general, the statistics reflect enough stable marriage threshold, which ranges from 22 to 24 years for girls. There have been no specific changes in rates over such a long period of time for women.

Chart of age at marriage of women in Russia in 2011

That 1% of marriages of girls under 18 years of age can hardly serve basis for discussing the issue of lowering the age of marriage. Isolated cases of marriage “by chance” can be considered rather an exception to the rule.

With such a stable tendency to maintain a regulated marriage age it is premature to talk about the advisability of reducing it in Russia.

In what cases can the maturity threshold be lowered?

For a number of circumstances, sometimes it is necessary lower the minimum age set by the state for marriage.

The reasons allowing this are spelled out in the Family Code of the Russian Federation. So Article 13 of the RF IC:

• lowering the minimum threshold for marriage cannot be more than two years;
• To register a marriage before reaching the age of majority, those wishing to do so must provide a number of good reasons;
• decision on marriage license before the required age considered at the place of registration of the young;
• relevant authorities accept decision without parental consent.

The issue of a marriage license is considered within a month. To do this, you must provide a package of documents and medical indications for early marriage.

Since the law does not clearly state the reasons for permission, local government considers each such application individually and makes a decision.

But, as a rule, a number of such reasons include:

1. pregnancy,
2. child,
3. conscription of a young man for military service,
4. going on a long business trip,
5. de facto established family life.

Minimum number of years for marriage

In the Russian state There are no specific standards for lowering the marriageable age. The reasons are not clearly stated, so regional subjects of the federation themselves set the minimum threshold.

In the regions, such a common reason as pregnancy is either limited to 12 to 22 weeks for marriage permission, or is prescribed without specifying the timing at all.

Practice shows that in in cases of emergency, those getting married are also prescribed at the age of 14. Such laws have been passed in some regional areas.

The presence of compelling reasons exempts minors from parental consent. But in some cases marriage license for minors from legal representatives has weight when it comes to lowering the minimum age threshold.

If there are no grounds for early marriage, parents have the right to prevent their children from making such a decision and appeal the decision in court.

Minors who have been denied permission to marry have the same right. Any appeals and disagreements are resolved only through court on time.

Hello!

Reaching marriageable age is one of the main conditions for marriage.
Article 13 Family Code Russian Federation establishes a uniform age of marriage for men and women of 18 years. Along with this, the possibility of marriage is provided from the age of 16 if there are valid reasons. Any situation that justifies a decision to lower the marriageable age can be recognized as such. These, without a doubt, should include the bride’s pregnancy, the birth of her child, and the actual circumstances marital relations and others.
To obtain permission, the law establishes special conditions: birth of a child, pregnancy (over 12 weeks), immediate threat to the life of one of the parties.
The Family Code does not define who specifically can apply to lower the marriageable age. This right, of course, is vested in minors themselves who wish to register a marriage. In addition, this right belongs to legal representatives minor (their parents, adoptive parents or guardians).

Thus, in your case, a valid reason that you can indicate will be the actual marital relationship.

A marriage license for a minor aged 16 to 18 years is issued only by the local government body (district or city guardianship department) at the place of marriage registration. Decisions of other bodies or officials on lowering the age of marriageable majority have no legal force and are not the basis for registering the marriage of a minor.
To resolve the issue of lowering the age of marriage, the consent of the minor’s parents is not required. Their consent or, conversely, objection to registering the marriage of their minor son or daughter is not decisive for resolving this issue. The refusal of a local government body to issue a marriage license can be appealed in court.
Minors in respect of whom a local government body has made a decision to lower the marriageable age have the right not to take advantage of the right granted to them and at any time before registering a marriage to refuse to register it.
Marriage registration of persons whose marriageable age has been reduced in accordance with the procedure established by law is carried out on a general basis.

Contact the guardianship and trusteeship authorities together with your parents - I think that you will not encounter any obstacles.

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