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To respect the customs and habits of ethnic minorities
Time:2025-08-28 Views:613
This is just a proposal from a certain National People's Congress representative this year, and it has not yet been legislated and filed. Currently, the legal age for marriage in China is for men to be at least 22 years old; Female over 20 years old.
The legal age for marriage refers to the minimum age for marriage as stipulated by law. That is to say, both men and women cannot get married before reaching this age, and only those who reach or exceed this age can get married. As for the maximum age for marriage, there is no limit.
The current Marriage Law's provisions on the legal age of marriage have not changed, and still maintain the legal age of marriage stipulated in the 1980 Marriage Law, which is stipulated in Article 6 of the Marriage Law: "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
1. Marriage before the legal age of marriage renders the marital relationship invalid;
After both parties meet the legal age for marriage, they can apply for marriage registration at the marriage registration office. After registration, both parties establish a marriage relationship, and the validity of the marriage relationship begins when both parties meet the marriage conditions stipulated in the Marriage Law.
2. Marriage before the legal marriage age does not enjoy the rights and obligations between husband and wife under the law;
Men and women who marry before reaching the legal marriage age do not have legal obligations such as spousal support and loyalty. Men and women who marry before reaching the legal age of marriage do not have the right to inherit property from each other as husband and wife, or to act as guardians when the other party does not have full civil capacity.
3. The court will not accept the termination of the relationship if the marriage has not reached the legal marriage age.
If a lawsuit is filed due to disputes over property division or child custody during cohabitation, the people's court shall accept it. That is to say, for marriages that have not reached the legal marriage age, only disputes involving the division of property and child custody during cohabitation are considered matters for the court to handle.
In order to respect the customs and habits of ethnic minorities, the current Marriage Law stipulates that ethnic autonomous regions may make flexible provisions on the statutory age of marriage based on the actual situation of their own ethnic groups. 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.
The legal age for marriage in the Hong Kong Special Administrative Region of China is 16 years old.
Macao Special Administrative Region of China: According to Articles 1479-1484 of Volume 4, Part 2 of the Civil Code of the Macao Special Administrative Region, the legal age for marriage is 16 years old. Individuals aged 16 to 18 must obtain the consent of their parents or legal guardians before getting married; Or, without obtaining the consent of the guardian, the court may grant special permission for marriage.
The legal age of marriage in Taiwan, China Province of China is 20 years old. Parents agree that males are 18 years old and females are 16 years old.
The above is the relevant content collected by the editor of Fanneng Law Firm about "when to execute the lowering of marriage age to 18 years old". From the above content, we can know that legally, after registration, both parties establish a marriage relationship, and the effectiveness of the marriage relationship starts from the time when both parties meet the marriage conditions stipulated by the Marriage Law. If you still have any questions about the above content, you can consult a lawyer from Fanneng Law Firm online. Sichuan Faneng Law Firm is dedicated to serving you.