Marriageable age

Under marriageable age is the ability to be able to effectively enter into marriage by their own declaration. It is a precondition for marriage ability.

  • 2.1 United States

Europe

Germany

As a rule, obtained in Germany, the marriageable age until reaching majority.

However, there § 1303 BGB Section 2-4 the opportunity to enter into marriage at the age of 16 years. A prerequisite for that

  • The other fiancée is already an adult and that
  • The competent family court granted an exemption from the requirement of majority.

According to the case until 1974 previous rules in the Civil Code of the man obtained the marriage literacy with completion of 21 years and the woman with the age of 16 year. The woman could be issued by the former guardianship court exemption from this requirement.

Current case law example: The application for exemption from the age of majority is not met if 16 -year-old student not grasped the extent of Marriage resolve due to lack of personal maturity.

France

In France, both partners must be 18 years old as of 2006 its (before women were aged 15 and mature before ). An exemption from the age requirement, the Attorney General ( Procureur de la République) grant.

Austria

In Austria, the marriageable age is governed by the Marriage Law. Thus, since 1 July 2001, both partners must be 18 years of age ( this age was determined separately even before lowering the age of consent). About application to the court, it is also possible to get married already with the age of 16 years if the future spouse is of age. But this is a formality, because the court must give permission. Until 30 June 2001, 15 -year-old girls were allowed to make their own free will that request. This they can no longer, not even when they are pregnant - in this case, the girl must now their child unsubscribe single.

The Marriage Act, after whom the process is precisely regulated, dates from 1 January 1939 and was therefore taken from the German Reich law and 1973 under the Kreisky government again announced (Federal Law Gazette No. 108/ 1973). Only the black - blue coalition cabinet dish I ordered the new age limits ( Federal Law Gazette I No. 135 /2000).

North America

United States

The determination of the minimum age at marriage is made in the USA by the states. In most states, the marriageable age is generally achieved with the completion of the 18th year. Exceptions exist in Nebraska (19 years) and Mississippi (21 years). In most states ( except California), younger people are allowed to marry if their parents agree to the marriage, and if they have a minimum age below which define the states achieved in each case. In most states this age is 16 years, in another 17 years, rare at just 15 years. Chance made ​​exceptions for pregnant girls: In North Carolina can do this if the parents agree to marry without regard to a minimum age. In Georgia, pregnant 16 -year-old be allowed to marry without parental consent. ( Under 18 years) in California, Washington ( under 17 ), Massachusetts (16 years), Arizona, Pennsylvania, Texas (under 16 ), Michigan (15 years): If a court permission is granted, other exceptions are in some states possible, New York, Utah (14 years) and New Hampshire (girls 13 years and boys from 14 years). In some states, in addition to the judge's permission, a consent of parents is required.

Canon Law of the Roman Catholic Church

After can. 1083 CIC is the minimum age for women at 14 and men at 16 years. A younger age is an impediment ecclesiastical law, which is not dispensfähig. In addition, in can. 1071 § 1 catch 2 ° for a marriage that can not be recognized or made ​​-to-rule of secular law, the prior permission of the local Ordinary ( Bishop ). And in can. 1072 is to be made ​​thereto in adolescents influence that they take into account the usual age by local custom. ( Catholic marriage law )

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