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What is the marriageable age as stipulated in the 2022 Civil Code
Time:2025-08-28 Views:687
Article 1047 of the Civil Code stipulates that 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 Civil Code 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.
Marriage between direct blood relatives and collateral blood relatives within three generations is prohibited. Suffering from a disease that is medically considered unsuitable for marriage.
Article 1048 of the Civil Code of the People's Republic of China stipulates that marriage is prohibited under any of the following circumstances
1. Direct blood relatives and collateral blood relatives within three generations;
2. Suffering from a disease that is considered by medical science as unsuitable for marriage.
According to Article 1 of the "Several Specific Opinions of the Supreme People's Court on How to Determine That the Marital Relationship Has Indeed Broken Down in Divorce Cases", which states, "If one party suffers from a disease that prohibits marriage, or one party has a physical defect, or for other reasons is unable to have sexual intercourse and is difficult to cure," it can be presumed that if one party has a serious genital disorder that makes it impossible to have sexual intercourse, It should also be regarded as a disease that is medically considered unsuitable for marriage.
With the advancement of medicine, some diseases that are not suitable for marriage will be cured, but at the same time, some new diseases that are not suitable for marriage will be discovered. Therefore, the Civil Code of our country does not list which diseases people with are prohibited from getting married, but only makes principle-based provisions.
Before obtaining a marriage certificate, it is not necessary to have a premarital medical examination. The new Civil Code stipulates that voluntary premarital medical examinations are now implemented. However, considering the health of both parties, they can voluntarily go to the hospital for free premarital medical examinations.
The emotional foundation between husband and wife stems from mutual honesty and trust. If one spouse conceals their age before marriage and the other spouse becomes aware of it after marriage and files for divorce, it can be classified into the following situations and should be treated differently:
When two parties get married and one party conceals their age and has not reached the legal age for marriage, if they still have not reached the legal age for marriage when filing for divorce, after accepting the divorce case, the people's court, upon ascertaining the circumstances, shall, in accordance with the provisions of the Civil Code, proactively declare the marriage invalid. If the other party has reached the legal age of marriage at the time of filing the lawsuit, it can be handled as a general divorce case.
When both parties get married, if one party's act of concealing their age is not sufficient to constitute an invalid marriage and the other party files for divorce, the decision should be made based on the specific circumstances. In serious cases, the legal grounds for the breakdown of the marital relationship can be determined in accordance with the "Several Specific Opinions of the Supreme People's Court on How to Determine That the Marital Relationship Has Indeed Broken Down in the Trial of Divorce Cases", which stipulates that "if one party deceives the other or engages in fraud during the marriage registration to obtain the marriage certificate".
First of all, late marriage and late childbearing are not in conflict with the prescribed age for marriage. Because the age for marriage stipulated in China's Marriage Law is based on the actual situation of our country. China has a vast territory with over 1.2 billion people, more than 900 million farmers and over 50 ethnic groups. The local customs, traditions and folkways vary from place to place. Therefore, the state should not set the age of marriage too high.
Secondly, the legal age of marriage is the minimum age line for getting married. The requirement that young people should not get married earlier than this age does not mean that it equals the most suitable and ideal age for marriage. In other words, it does not mean that every young person must get married when they reach this age. For this very reason, the Marriage Law clearly stipulates that "late marriage and late childbearing should be encouraged."
Secondly, the legal age of marriage is stipulated based on the actual situation of our country, while late marriage and late childbearing take into account the population status and reproductive physiological functions of our country. The two are not contradictory. The key lies in correctly recognizing, understanding and handling the relationship between the two. All young men and women who are determined to make more contributions to the modernization of our country should actively respond to the call of the Party and the state and strive to change the customs and practices. A model of late marriage and late childbearing.
The above is the latest content about the marriageable age under the 2022 New Marriage Law collected by the editor of Faneng Law Firm for you. To sum up, regarding the age of marriage, men should not marry earlier than 22 years old and women should not marry earlier than 20 years old. And late marriage and late childbearing should be encouraged. If you have any other legal questions, you are welcome to consult the lawyers of our Fan Neng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.