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The legal age for marriage in China
Time:2025-08-28 Views:854
Introduction: The natural and social attributes of marriage require that marriage must reach a certain age in order to have suitable physiological and psychological conditions, fulfill marital obligations, and assume family and social responsibilities. So, although our country's laws grant every citizen the right to marry, not all citizens can become the subject of the legal relationship of marriage. Only those who have reached the legal age for marriage enjoy the right to marry.
The legal age for marriage in China is not earlier than 22 years for men and 20 years for women.
The determination of the legal age of marriage requires consideration of natural factors such as physical development and intellectual maturity, as well as social factors such as political, economic, and demographic development. Therefore, the regulations on the legal age of marriage vary from country to country: Denmark, Poland, and some states in the United States set it at 21 years for men and 18 years for women; Switzerland and Vietnam stipulate that the age limit is 20 for males and 18 for females; Germany, Russia, and Singapore require both men and women to be 18 years old; Japan, Romania, and Pakistan set the age limit at 18 for males and 16 for females; In the Philippines, the age limit is 16 for males and 14 for females. In the feudal era of our country, there was a custom of early marriage. In the Tang Dynasty, when men were fifteen years old and women were thirteen years old, they were allowed to marry; During the Song, Ming, and Qing dynasties, a man of sixteen and a woman of fourteen were allowed to marry; According to the Civil Code of Taiwan, "Men under the age of 18 and women under the age of 16 are not allowed to get married." In 1950, the legal age for marriage was set at 20 for men and 18 for women. This was in line with the level of political, economic, and cultural development at that time, as well as the level of consciousness and acceptance of the people. When the Marriage Law was amended in 1980, on the one hand, it was considered that appropriately raising the legal age of marriage would benefit the physical and mental health, work and study of young people, as well as family planning work; At the same time, it is also noted that the legal age for marriage is too high, which does not meet the requirements of natural laws and is detached from the masses and rural reality. Therefore, it is stipulated that 'men shall not be earlier than 22 years old, and women shall not be earlier than 20 years old'. In this revision of the Marriage Law, some comrades suggest unifying the age of marriage for both men and women into one standard, either 22 years old or 20 years old. Some comrades also suggest lowering the legal age of marriage. Considering that the implementation of the marriage age determined in 1980 is generally feasible, no modifications have been made.
The provisions of China's Marriage Law 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. It is inappropriate for some units to use the marriage age that enjoys preferential policies instead of the legal marriage age. If the marriage age is not reached, it is not approved for both men and women to get married. The law advocates for late marriage, rather than forcing it, and does not mean that getting married later is better. In order to ensure strict law enforcement on the issue of marriage age, the "Regulations on the Administration of Marriage Registration" stipulate that "if the parties applying for marriage are unable to obtain the required certificates due to interference from their units or others, and the marriage registration authority confirms that they indeed comply with the provisions of the Marriage Law and these Measures, they should also be registered and issued a" Marriage Certificate "
The marriage age stipulated in the Marriage Law 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 provisions based on the specific situation of local ethnic marriage and family." Currently, some legislative bodies of ethnic autonomous areas 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.
If you want to read more articles about the legal age of marriage, the editor of Fanneng Law Firm recommends:
The legal age for marriage in the United States
The legal age for marriage in South Korea
Marriage age for ethnic minorities Sichuan Faneng Law Firm is dedicated to serving you.