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What is the age for late marriage as stipulated in the fifth chapter of the Civil Code in 2022？
Time:2025-08-28 Views:1590
Article 6 of the Fifth Part of the Civil Code on Marriage and Family stipulates: "The age of 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.
I. Provisions on the Age for Late Marriage in the Fifth Part of the Civil Code of 2022 Regarding Marriage and Family
The fifth chapter of the Civil Code on marriage and Family does not stipulate the age of late marriage. The current family planning policy encourages late marriage. Men who have reached the age of 25 and women who have reached the age of 23 for their first marriage are considered late marriage. The age of late marriage is different from the legal age of marriage. It is not mandatory but merely an encouraging and advocated age for marriage.
Ii. Legal Provisions on the legal age for Marriage
Article 6 of the Fifth Part of the Civil Code on Marriage and Family stipulates: "The age of 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. To respect the customs and habits of ethnic minorities, the current fifth part of the Civil Code on marriage and Family stipulates that ethnic autonomous regions may, in light of the actual conditions of their own ethnic groups, make flexible provisions regarding the legal age of marriage. The age of marriage stipulated in the fifth part of the Civil Code on marriage and family has universal applicability. However, in certain special circumstances, the law also allows for exceptional provisions on the age of marriage. For instance, taking into account the multi-ethnic nature of our country, Article 50 of the Fifth Part of the Civil Code on Marriage and Family stipulates: "The people's congress of an ethnic autonomous area has the right to formulate flexible provisions in light of the specific circumstances of ethnic marriage and family in the local area." At present, the legislative bodies of some ethnic autonomous areas in our country have made flexible provisions on the legal age of marriage in the fifth part of the Civil Code regarding marriage and family. For instance, in autonomous regions such as Xinjiang, Inner Mongolia, and Xizang, as well as some autonomous prefectures and counties, the minimum age for marriage is set at 20 for men and 18 for women. However, these flexible regulations only apply to ethnic minorities and do not apply to the Han people living in the region.
The legal age for marriage in Hong Kong, China is 16 years old. The legal age for marriage in Taiwan is 20 years old. With the consent of parents, boys should be 18 years old and girls 16 years old.
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Regulations on legal marriage leave:
Those who get married at the legal age (20 years old for women and 22 years old for men) are entitled to 3 days of marriage leave.
2. Those who meet the late marriage age (23 years old for women and 25 years old for men) can enjoy late marriage leave ranging from 10 to 30 days (including 3 days of legal marriage leave) in accordance with the local Population and Family Planning Regulations.
3. If the man and the woman do not work in the same place at the time of marriage, they may be granted additional travel leave depending on the distance between them.
4. If one gets married during the family visit leave (visiting parents), no additional leave will be granted.
5. The leave for marriage is a continuous and uninterrupted vacation, including the time on weekends.
6. Those who remarry are entitled to the legal marriage leave but not the late marriage leave. Sichuan Faneng Law Firm is dedicated to serving you.