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What is the legal age for marriage for men and women in China？ - Fanneng Law Firm
Time:2025-08-28 Views:1738
Firstly, according to Chinese law, the legal age for marriage in China is not earlier than 22 years for men and 20 years for women.
Secondly, the marriage age stipulated in the Civil Code has universal applicability, but in certain special circumstances, the law also allows exceptions to be made to the marriage age. For example, considering the multi-ethnic characteristics of our country, Article 50 of the Marriage Law stipulates that the people's congresses of ethnic autonomous areas have the right to formulate flexible regulations based on the specific situation of local ethnic marriage and family. At present, the legislative bodies of some ethnic autonomous regions in China have made flexible provisions on the statutory age of marriage in the Marriage Law. For example, in Xinjiang, Inner Mongolia, Xizang and other autonomous regions, as well as some autonomous prefectures and autonomous counties, the minimum age for marriage in this region is 20 for men and 18 for women. But these flexible regulations only apply to ethnic minorities and do not apply to the Han people living in the region.
Finally, the provisions of our Civil Code regarding the age of marriage are not mandatory or optimal, but rather the minimum age for marriage, which sets the age limit between illegal and legal marriages. Only those who have reached the legal age of marriage can get married, otherwise it is illegal. The legal age of marriage does not prevent men and women from voluntarily postponing their marriage according to their own circumstances. In order to implement China's family planning policy, the Marriage Law also encourages late marriage and childbirth. The law advocates for late marriage, rather than forcing it, and does not mean that getting married later is better.
General rule: The age of marriage stipulated by law is a necessary condition for marriage and cannot be changed arbitrarily by the parties to the marriage. Falsely reporting the age of marriage is mainly due to people who have not yet reached the legal age of marriage reporting their age in order to achieve the goal of marriage. There are also cases where people over the legal marriage age underreport their age. Generally, when age underreporting is discovered, the error is pointed out, criticized and educated, and there is no need to pursue any responsibility. The act of overstating one's age in order to achieve the goal of marriage is in conflict with relevant legal provisions, is prohibited by law as fraudulent behavior, and is a fraudulent act of obtaining a marriage certificate.
Consequence: Article 8 of the Regulations on the Administration of Marriage Registration stipulates that both men and women applying for marriage registration shall truthfully provide the relevant documents and certificates stipulated in this Regulation to the marriage registration management authority, and shall not conceal the true situation. If the marriage registration authority discovers that the parties to a marriage have violated the Marriage Law or engaged in fraudulent activities during registration to obtain a marriage certificate, the marriage shall be declared invalid, the obtained marriage certificate shall be revoked, and a fine of up to 200 yuan shall be imposed on the parties. This indicates that intentionally falsifying the age of marriage and using illegal means to achieve the purpose of marriage is an illegal act, and the parties shall be held responsible.
Women only need to be at least 20 years old, but as men, they must be at least 22 years old to meet the minimum age requirement for marriage. In addition, the Civil Code also stipulates other marriage conditions, which unmarried men and women need to be aware of and pay attention to.
1. Chinese citizens who apply for marriage within the territory of China
Both parties must personally apply for marriage registration at the marriage registration authority where one party's household registration is located. When applying, the following documents and certificates should be presented:
(1) Household Registration Certificate
(2) Resident ID card;
(3) Proof of marital status issued by the employer, village committee, or resident committee.
2. Chinese citizens and foreigners apply for marriage in China
Both male and female parties must jointly apply for registration at the marriage registration authority designated by the people's government of the province, autonomous region, or municipality directly under the Central Government where one Chinese citizen's household registration is located. Chinese citizens and foreigners applying for registration must hold the following certificates respectively:
(1) Chinese citizens must hold: a certificate of their registered residence and a certificate issued by the people's government at the county level in their place of residence or by an organ, school, institution or enterprise at or above the county level in which they work, stating their name, gender, date of birth, nationality, marital status (unmarried, divorced, widowed), occupation, nature of work, and who they apply to marry.
(2) Foreign nationals must hold their own passport or a substitute passport with identification and nationality documents (stateless individuals are exempt from submission); The Alien Residence Permit issued by the public security organ, and the certificate issued by the people's government at the county level where my residence is located or the government, school, institution or enterprise at or above the county level where my work is located, stating my name, gender, date of birth, nationality, marital status (unmarried, divorced, widowed), occupation, nature of work, and who I am applying to marry.
(3) Foreigners must hold their own passports or other identity and nationality certificates; The Alien Residence Permit issued by the public security organ, or the identity certificate issued by the foreign affairs department, or the temporary entry and residence certificate to China, and the certificate of marital status issued by the notary office of the country certified by the Ministry of Foreign Affairs (or the organ authorized by the Ministry of Foreign Affairs) and the Chinese embassy or consulate in the country, or the certificate of marital status issued by the Chinese embassy or consulate in China.
The above is the latest information collected by the editor of Fanneng Law Firm on the legal age for marriage for men and women in China. In summary, according to Chinese law, the legal age for marriage in China is not earlier than 22 years for men and 20 years for women. If you have any other legal questions, please feel free to consult our lawyers at Faneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.