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Is it valid to get married before the legal age of marriage
Time:2025-08-28 Views:1414
1
For those who register marriage before reaching the legal marriage age, the marriage is invalid. However, if one or both parties have not reached the legal age for marriage but have not registered their marriage, but openly live together as husband and wife, the provisions of cohabitation will apply.
II
The Civil Code of our country clearly stipulates the legal age for marriage, which cannot be earlier than 22 years old for males and 20 years old for females.
If one marries before reaching the legal age for marriage, there are mainly two forms of expression:
1. Apply for marriage registration and obtain a marriage certificate through deception, fraud, and other means;
2. A factual marriage formed by both or one of the parties who have not reached the legal age for marriage and have not yet registered their marriage, but have openly lived together as husband and wife.
III
There are mainly two situations regarding the effectiveness of marriage under the legal age of marriage:
If a marriage is registered before reaching the legal age for marriage, the marriage will be deemed invalid. The subjects who have the right to request the invalidation of marriage are the parties to the marriage and their close relatives who have not yet reached the legal age for marriage.
If a person cohabits as husband and wife before reaching the legal age of marriage or registering their marriage, the relevant provisions on factual marriage and cohabitation shall apply.
(1) Specifically, for those who reached the legal marriage age before February 1, 1994, they will be treated as a de facto marriage;
(2) For those who reached the legal age of marriage after February 1, 1994, they should apply for marriage registration again. If they do not apply, the marriage will be deemed invalid and treated as a cohabitation relationship.
Do you have more questions about the legal age of marriage or the validity of marriage? At Faneng Law Firm, we provide you with comprehensive legal advice. Come and ask questions, let's discuss together! Sichuan Faneng Law Firm is dedicated to serving you.