Marital status

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Under marriageable age is defined as the ability to effectively separate statement, the marriage to take. It is a prerequisite for being able to marry .

Europe

Germany

In Germany , marriage is only achieved when you come of age . According to § 1303 of the German Civil Code (BGB), a marriage may not be entered into before the age of majority. A marriage cannot be effectively entered into before the age of 16. A marriage with a minor who had reached the age of 16 at the time of the marriage can be annulled ( § 1314 Paragraph 1 No. 1 BGB). According to the same principles, the marriage is ineffective or revocable under German law if the marriage is subject to foreign law ( Art. 13 Para. 3 EGBGB ).

A religious or traditional act aimed at establishing a permanent bond with a minor comparable to marriage is prohibited ( Section 11 (2) of the Civil Status Act ).

According to the regulation valid until July 21, 2017, § 1303 BGB a. F. to marry at the age of 16 . The prerequisite for this was that

  • the other fiancé was already of legal age (i.e. at least 18 or before 1975 at least 21) and that
  • the competent family court had granted an exemption from the requirement of age.

Historical case law example: The application for exemption from the legal age requirement could not be granted if the 16-year-old schoolgirl did not understand the consequences of the decision to marry due to a lack of personal maturity.

France

In France, both partners have had to be 18 years old since 2006 (before that, women aged 15 and over were husbands). The Public Prosecutor General (Procureur de la République) can grant an exemption from the age requirement .

Austria

In Austria, marriage is regulated in Section 1 of the Marriage Act. Accordingly, since July 1, 2001, both partners must be 18 years old (before the age of majority was reduced , the minimum age was 19 years). Upon application to the court, it is also possible to marry at the age of 16 if the future spouse is of legal age. The court grants permission when the minor appears ripe for marriage, unless the legal guardian objects for a valid reason. Up until June 30, 2001, women aged 15 and over and men 18 years of age were allowed to apply to the court for permission to marry.

The marriage law dates from 1938, so it was taken over from the German Reich law, and was re-published in 1973 under the Kreisky II federal government ( Federal Law Gazette No. 108/1973 ). Only the black-blue coalition ( Federal Government Schüssel I ) imposed today's age limits ( Federal Law Gazette I No. 135/2000 ).

Switzerland

Since 1996, the age of consent has been identical to the new age of consent of 18 years. Previously, the age of consent was 20 years and marriage was 20 years for men and 18 years for women, whereby the age could be reduced to 18 or 17 in individual cases if there were important reasons (Art. 94 ZGB).

North America

United States

The minimum age at marriage is in the United States by the states made. In most states, marriage is generally reached at the age of 18. Exceptions exist in Nebraska (19 years old) and Mississippi (21 years old). In all states except Delaware, minors are allowed to marry with parental consent and / or a court of law. The minimum age for this is between 14 and 17 years, depending on the state, although 27 states have no statutory minimum age.

Canon Law of the Roman Catholic Church

According to can. 1083 CIC , the minimum age is 14 for women and 16 for men. A younger age is an obstacle to marriage under church law, which is not dispensable. In addition, according to can. 1071 §1 2 ° for a marriage that cannot be recognized or undertaken according to the provision of secular law, to obtain the prior permission of the local ordinary (bishop). And according to can. 1072 the aim is to influence adolescents to ensure that they take into account the usual age according to local customs. ( Catholic marriage law )

Other countries

In Iran, the minimum marriage age for girls was 9 years until May 2002, and since then 13 years and boys 15 years. In 2012, consideration was given to lowering this to 9 years for girls.

In Estonia the minimum marriage age is 15 years, in Spain it was 14 years until 2015.

Web links

Individual evidence

  1. ↑ OLG Saarbrücken, decision of May 24, 2007 - 6 UF 106/06, FamRZ 2008, 275 = NJW-RR 2007, 1302 = http://openjur.de/u/57894.html
  2. ↑ 11 Years Old, a Mom, and Pushed to Marry Her Rapist in Florida
  3. ^ Marriage Laws of the Fifty States, District of Columbia and Puerto Rico , Cornell University Law School
  4. ^ Delaware becomes first state to ban child marriage , The Hill, May 10, 2018
  5. ↑ 20 September - World Children's Day: Iran plans to lower the age of marriage for girls from 13 to 9 years - Sharp increase in child brides ISHR article
  6. ↑ derstandard.at