News
Marriage age in 2022
Time:2025-08-28 Views:989
The natural and social attributes of marriage require that only when one reaches a certain age can they possess suitable physical and psychological conditions, fulfill their marital obligations, and shoulder the responsibilities of the family and society. Therefore, although Chinese law grants every citizen the right to marry, not all citizens can be the subjects of a marital legal relationship. Only those who have reached the legal age for marriage are entitled to the right to marry.
So, what is the age for marriage as stipulated in the fifth chapter of the 2022 Civil Code on marriage and family? Now, let's take a look at the relevant knowledge content together with the editor from Faneng Law Firm.
The fifth part of the new Civil Code of our country has provisions on marriage and family. The legal age for marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged. This regulation should be understood as follows: The legal age of marriage is the minimum age at which marriage is permitted. It is not necessarily the best age for people to get married, nor is it the age at which marriage is mandatory. Therefore, while the law stipulates the legal age for marriage, it also makes provisions advocating late marriage and late childbearing.
Secondly; Marriage must be based on the complete willingness of both the man and the woman. No party is allowed to force the other or any third party is permitted to interfere. The minimum age for marriage is 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged. Marriage is prohibited under any of the following circumstances: direct blood relatives and collateral blood relatives within three generations; Suffering from a disease that is medically considered unsuitable for marriage.
Both the man and the woman who wish to get married must personally go to the marriage registration authority to register their marriage. Those who meet the provisions of this Law shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the marital relationship. Those who have not completed marriage registration shall make up for it.
After marriage registration, according to the agreement of both the man and the woman, the woman can become a member of the man's family, and the man can become a member of the woman's family.
A marriage shall be invalid under any of the following circumstances: bigamy; Where there is a prohibited marriage relationship among relatives; Those who suffered from diseases considered by medical science as unsuitable for marriage before marriage and have not been cured after marriage; Those who have not reached the legal age for marriage.
Where a marriage is contracted under duress, the party who was coerced may request the marriage registration authority or the people's court to revoke the marriage. A party who was coerced may request the annulment of the marriage within one year from the date of marriage registration. Where a party whose personal freedom has been illegally restricted requests the annulment of the marriage, the request shall be made within one year from the date of restoration of personal freedom.
A marriage that is invalid or annulled is invalid from the very beginning. The parties involved do not have the rights and obligations of husband and wife. The property acquired during cohabitation shall be handled by agreement between the parties. When no agreement can be reached, the people's court shall make a judgment in accordance with the principle of giving due consideration to the innocent party. The handling of property in cases where a marriage is invalid due to bigamy shall not infringe upon the property rights and interests of the parties to the legal marriage. The children born to the parties concerned shall be subject to the provisions of this Law concerning parents and children.
Relevant knowledge
The law stipulates
The legal age for marriage in Chinese mainland is no earlier than 22 years old for men and no earlier than 20 years old for women.
The legal age for marriage in Hong Kong and Taiwan of China is no earlier than 18 years old for men and no earlier than 16 years old for women.
The natural and social attributes of marriage require that only when one reaches a certain age can they possess suitable physical and psychological conditions, fulfill their marital obligations, and shoulder the responsibilities of the family and society. Therefore, although Chinese law grants every citizen the right to marry, not all citizens can be the subjects of a marital legal relationship. Only those who have reached the legal age for marriage are entitled to the right to marry.
The determination of the legal age of marriage requires consideration of both natural and social factors. Therefore, the regulations on the legal age of marriage vary from country to country. The legal age for marriage stipulated in the Marriage Law of our country in 1950 was 20 for men and 18 for women. Therefore, it is stipulated that "men shall not be older than 22 years old and women shall not be older than 20 years old." For this revision of the Marriage Law, some comrades suggested that the age of marriage for both men and women be unified as one standard, either 22 years old or 20 years old.
The provisions on marriage age in the fifth part of the Civil Code of the People's Republic of China regarding marriage and family are not the mandatory age for marriage or the optimal age for marriage, but the minimum age for marriage. It serves as the age boundary for distinguishing illegal marriages from legal ones. Only when one reaches the legal age for marriage can they get married; otherwise, it is considered illegal. The legal age for marriage does not prevent men and women from postponing their marriage on a voluntary basis according to their own circumstances. To implement China's national policy of family planning, the Marriage Law also encourages late marriage and late childbearing. Some units replace the legal age of marriage with the age of marriage for which they enjoy preferential policies. They do not approve the marriage of men and women until they reach this age of marriage. This practice is inappropriate. The law advocates late marriage rather than forcing it. It doesn't mean that the later one gets married, the better. To ensure strict law enforcement on the issue of marriage duration, the "Regulations on the Administration of Marriage Registration" stipulates: "When the parties applying for marriage are unable to obtain the required certificates due to interference from their units or others, the marriage registration authority, upon verification that they indeed meet the requirements of the Marriage Law and these Measures, shall also register and issue a 'Marriage Certificate'." Sichuan Faneng Law Firm is dedicated to serving you.