In what cases is marriage possible before reaching 18 years of age?

What is the age of consent

Marriage age is the minimum age for marriage.

Upon reaching this age, a person is free to independently decide on the issue of registering a relationship. The age of marriage depends on the legislation of the country. In different states it varies from 14 to 18 years, and sometimes the age limit is even lower.

What is the marriageable age in Russia according to the Family Code of the Russian Federation and other laws?

In Russia, the age for registering a relationship is 18 years of age (the age of majority). It is generally accepted that with coming of age comes complete psychological and physiological maturity, and the Family Code stipulates that persons under the age of majority do not have the right to marry.

Laws setting the age of marriage:

1. “Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ (as amended on December 30, 2015).
2. Federal Law of November 15, 1997 N 140-FZ “On Amendments and Additions to the Family Code of the Russian Federation.”
3. UN Convention on Consent to Marriage, Age for Marriage and Registration of Marriage.
4. Administrative regulations at the level of the subjects of the Federation (each region/territory has its own).

Video: the issue of early marriages in Russia

At what age can you get married for valid reasons?

If there are good reasons, it is possible for persons over 16 years of age to enter into marriage:

• birth of a child;
• pregnancy;
• conscription service;
• the groom's departure on a long business trip;
• orphanhood of the future husband or wife and their lack of guardians (or orphanhood of both).

In such cases, you must obtain permission from the city administration. Minors themselves can apply for it, since parental consent is not required. Parents, guardians and trustees can only assist by submitting a petition to lower the age of consent to the same administration.

Minimum (limit) age for marriage

It is important to know that the age limit is the lower age limit. Due to the fact that Russia is a multi-religious and multi-ethnic country, legislators have given the privilege of lowering the marriageable age to regional authorities. For example, in Tatarstan there is no age limit, but having a passport is mandatory for getting married. And since a passport is issued at 14 years old, this becomes the maximum age for marriage.

In some regions of Russia, the age of marriage has been lowered to 14 years

Reasons for underage marriage

Article 13 of the Family Code indicates that in the presence of certain valid reasons (in certain cases), local government bodies (usually district or city administrations) have the right to allow persons who have reached the age of incomplete legal capacity, that is, sixteen years, to marry.

But the legislation does not provide a list of such reasons, so they can be identified based on already established practice:

• pregnancy;
• actual relationship (civil marriage);
• presence of common children;
• threat to life;
• the groom's conscription for military service.

Parental permission is not required for such a marriage.

In what cases is it possible to reduce the age of marriage?

If the bride and groom are both 16 years old, but there are no valid reasons for early marriage, then they will not be able to sign. In matters where the couple has a person under 16 years of age, everything will depend on local laws. After all, different regions, territories and republics have different rules and regulations.

Which regions of the Russian Federation have the lowest marriageable age?

Local legislation allows marriage from the following ages:

• Oryol region - 14 years;
• Moscow region - 14 years;
• Tyumen region - 14 years;
• Kaluga region - 14 years;
• Tula region - 14 years;
• Vologda region - 14 years;
• Nizhny Novgorod region - 14 years;
• Tambov region - 14 years;
• Jewish Autonomous Region - 14 years
• Republic of Adygea - 14 years;
• Sakhalin region - 14 years;
• Chechen Republic - 14 years;
• Kabardino-Balkaria - 15 years;
• Chelyabinsk region - 15 years;
• Murmansk region - 15 years;
• Ryazan region - 15 years.

Regional characteristics do not negate the main condition. It should be remembered that in order to allow marriage at this age in any of the areas, there must be a valid reason, as for 16-year-olds.

In Chechnya, marriage is legally allowed from the age of 14, although this causes outrage among human rights activists

Grounds and procedure for lowering the marriageable age

So, the young couple decided (with good reasons) to get married early. Algorithm of actions:

• submit an application to local authorities (you can find the form on the municipality’s website, for example, by following the link);
• attach documents confirming a valid reason (for example, a certificate of pregnancy);
• obtain permission (or refusal) from the administration after considering the circumstances;
• permission from the administration, an application for marriage registration and the necessary documents to submit to the registry office.

How to submit an application to the registry office

It is important that statements from parents, bride and groom are written directly in the presence of an administration (municipal) employee.

It is important that applications must be written in the presence of a specialist; other documents must be attached to the application immediately

Documents to be attached to the application:

• a photocopy of the minor’s birth certificate (sometimes both, if both are under 18 years of age);
• extract from the house register;
• a copy of the personal account at the minor’s place of residence;
• certificates from the place of study (or work) of the bride and groom;
• certificate of good cause.

Judicial practice of early marriage

Sometimes the administration does not give permission to lower the marriageable age. Then you have to go to court (the same documents), and only with a court order for permission. But the court does not always approve of early marriages. For example, if a girl became pregnant and gave birth at the age of 13, and a 17-year-old boy insisted on getting married. In the case where the girl’s parents are categorically against the marriage, the option with the administration disappears, and the court, taking into account all the circumstances, refuses to satisfy the claim.

Video: parents do not give consent to early marriage, so the girl faces a prison sentence for seducing a minor

https://youtube.com/watch?v=WfNJO8_QUGo

What is required to apply

In Russia, to register a marriage at the age of 16, you need to collect several documents. If the age of one or both newlyweds is below the legal limit, the minors provide local authorities with:

• Statement of intention to start a family.
• A certificate of pregnancy or other documents confirming the need to enter into a union.
• Originals and copies of passports and birth certificates.
• A certificate from an educational institution, if teenagers have not completed their studies.
• Information on income for working youth.
• Parents' consent to the wedding will speed up the process of reviewing documents.

Permission to marry before reaching the age of 16 is not always issued. The reasons for refusal are:

• Illegible text of the statement.
• Lack of proven justification for early family formation.

Both teenagers fill out a written application.

Is it possible to register a marriage between an adult and a teenager?

A minor can marry before the age of 18 if there are good reasons for doing so. If one party has not yet reached the age of majority, you can be guided by the general rules on the age of marriage. For example, if a pregnant girl is 16 years old and the guy is 19 years old, they can apply to the administration for permission. Pregnancy is a valid reason; the likelihood of your application being approved is quite high. Or, for example, a girl is 17 years old and a guy is 20 years old, they live an “adult” life, but their parents are against the relationship. To reassure their parents, young people decide to get married. There is a good reason - actual life together.

Most often, in such “unequal” couples, obstacles are created by the parents. But if a situation arises that an adult and a minor actually live together, the future bride can contact the guardianship and trusteeship authorities. It is necessary to explain the situation, and specialists from the guardianship service will be able to reassure parents and provide advisory assistance. The guardianship authorities can also assist in the issue of permission.

It is in the interests of the adult to register the relationship, otherwise he risks being prosecuted for seducing a minor

Is parental consent required?

If marriage is registered between the ages of 16 and 18, then parental approval is not required. However, it is necessary to obtain it from the guardianship authorities.

In a situation where marriage occurs before the age of 16, the rules will vary depending on the region. For example, in order to carry out this process in the Moscow region, it is necessary to obtain the approval of an authorized Government official. The basis for consideration of the issue is the submitted statements from parents or guardians. If the parents disagree, the decision is made by the guardianship authorities.

Features of the procedure

Marriage registration is a slow process for adult citizens, and even more so for teenagers. After all, early marriage gives minors the rights and responsibilities of adult members of society. The procedure consists of several stages.

Getting permission

The first authority that future newlyweds need to visit is the local administration. It is there that an application for lowering the marriageable age is submitted and justification for valid reasons.

Package of documents when submitting an application:

• a request to reduce the age of marriage from each of the minors;
• passport of applicants for marriage;
• medical certificate confirming the presence of pregnancy;
• written permission of parents (trustees, adoptive parents);
• health certificate;
• information about the place of official employment;
• information about income.

The guardianship and trusteeship office is given 10 days to make a decision. The presence of parents will be a significant help for teenagers. Adults will help you correctly draw up an application, monitor the procedure for submitting documents, and support the children’s decision in writing.

Submitting an application to the registry office

Minor newlyweds have the right to apply to any branch of the registry office, regardless of their place of residence. The main thing is not to forget to take with you the permit issued by the local government.

When visiting the registry office you will need:

• newlyweds' passports;
• permission to lower the age of marriage;
• receipt for payment of state duty;
• other documents (if necessary).

Having successfully submitted the application, the couple can safely prepare for the special event for 1-2 months. However, there are circumstances that significantly reduce the waiting period, down to one day:

• conscription of the groom for compulsory military service;
• going on a long-term business trip;
• departure for permanent residence in another country;
• short-term leave of a person liable for military service;
• late stages of pregnancy;
• birth of a child;
• threat to the health and life of one of the spouses.

The management of the registry office has the right to reduce the period in other situations. Of course, you will have to provide supporting documents.

Marriage concept

Marriage is a union formalized through government agencies between a woman and a man. Their union is based on common desire and equality and sets itself the goal of creating a family and having children. To register, you must comply with the conditions and rules specified by law.

Civil marriage will not be recognized as family obligations and rights. Such relationships in Russia were of equal importance to registered marriages before 1944. At that time, the state recognized all relationships as marriage: actual, registered.

Divorce and annulment of marriage

Article 27 of the Family Code contains a list of reasons why a marriage between minors can be declared invalid:

• Coercion during marriage registration.
• Violation of the requirements and procedure for obtaining a permit.
• Violation of local laws regarding the age of consent.
• Having another marriage that was not dissolved.
• The wife and husband are close relatives or the adoptive parent and the adopted child.
• One of them was declared incompetent.
• Determination of a sexually transmitted disease that was not known before the marriage.
• Conclusion of a fictitious alliance.

Only a court can declare a marriage invalid and only upon the application of the husband, wife, their parents, trustees or adoptive parents, as well as the board of trustees and the prosecutor's office.

Is there an upper limit for registering relationships in the Russian Federation?

The Family Code does not set an age limit for people entering into marriage. Adult citizens can register their relationship at any age. However, such a union may be considered fictitious if it turns out that one of the spouses is initially incapacitated.

Young people in the Russian Federation can officially register their relationship upon reaching 18 years of age. If there are compelling reasons and compliance with the standards established by the state, marriage can be registered between minors. There is no upper limit for concluding a marriage.

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State duty

A receipt for payment of the state fee is very important, since without it the application to the registry office will not be accepted. The fee for registering a marriage in 2019 is 350 rubles. Only one of the newlyweds pays the amount.

Payment is made in the following ways:

• bank terminal in the registry office;
• Internet banking of any bank
• Sberbank cash desk;
• State Services portal (the amount will be reduced by 30%).

Details for transferring money are obtained from the registry office. When making a payment, you should enter the data very carefully, because due to errors (for example, in the last name), the application for marriage registration may not be accepted.