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Is it illegal to get married before the age of marriage
Time:2025-08-28 Views:1771
1
Getting married before the age of marriage is illegal. The age of marriage is the minimum age stipulated by law for both men and women to enter into a marriage relationship. Below this age, neither party is allowed to get married.
Specifically, the Civil Code of China clearly stipulates that the age of marriage for men shall not be earlier than 22 years old, and for women shall not be earlier than 20 years old.
In practical operation, if someone applies to the people's court for the invalidity of a marriage on the grounds that they have not reached the age of marriage, then at the time of the application, if the statutory invalidity of the marriage has disappeared (i.e. both parties have reached the legal age of marriage), the people's court will not support their application.
II
Fanneng Law Firm reminds that the consequence of marrying before the legal marriage age is that the marriage is invalid. Our country's laws have clear regulations on the age of marriage, and both men and women who have not reached the legal age of marriage are not allowed to get married.
If they still choose to get married, then this kind of marriage is not protected by law, that is, an invalid marriage. The parties to an invalid marriage do not have the rights and obligations between husband and wife, and their children are also considered illegitimate children in law, which may face a series of rights protection issues.
Even if both parties later reach the legal age for marriage, it cannot make the original invalid marriage valid. Because the validity of an invalid marriage is invalid from the beginning, that is, it is invalid from the moment both parties get married and will not change over time.
III
In our country, the authority to declare a marriage invalid is the people's court. This is clearly stipulated by the laws of our country. Although invalid marriages lack legal requirements, the parties to the marriage have already completed the marriage registration procedures, and marriage registration has the legal effect of confirming the marriage relationship.
Specifically, there are two situations in which a people's court declares a marriage invalid:
(1) According to the application of the parties to the marriage or interested parties, if it is determined through examination that the marriage is invalid, a judgment declaring the marriage invalid shall be made in accordance with the law;
(2) In the process of hearing divorce cases, if it is found through examination that the marital relationship between the parties is indeed an invalid marriage, the parties shall be informed of the invalidity of the marriage and a judgment shall be made declaring the marriage invalid.
2. It should be noted that when the people's court hears a case of declaring a marriage invalid, mediation is not applicable to the trial of the validity of the marriage, and a judgment should be made in accordance with the law. Moreover, once a judgment regarding the validity of marriage is made, it becomes legally effective and cannot be appealed or retried. Sichuan Faneng Law Firm is dedicated to serving you.