Customer Cases
Is it illegal to get married before reaching the age
Time:2025-09-01 Views:565
1
Getting married before the age is illegal. The age of marriage is the minimum age limit set by law for both men and women to legally enter into a marriage relationship.
Specifically, males must not be earlier than 22 years old, and females must not be earlier than 20 years old. This is based on social, psychological, and physiological considerations, aimed at protecting the physical and mental health and legitimate rights and interests of marriage parties.
If both parties marry before reaching the legal age for marriage, the marriage is invalid and not protected by law.
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, the court will not support their application if the legally recognized invalidity of the marriage has disappeared (i.e. both the man and the woman have reached the legal age of marriage).
II
Fanneng Law Firm reminds that the legal consequence of marrying before the age of marriage is that the marriage is invalid. This means that although both parties may have completed the marriage registration procedures, the marriage is not legally recognized due to not reaching the legal age for marriage.
If disputes or controversies arise between the two parties due to marriage before the marriage age, such as property division, child custody, etc., they cannot be resolved through the relevant provisions of the Marriage Law. This may cause unnecessary trouble and losses for both parties.
2. It is worth noting that even if both parties later reach the legal age for marriage, the marriage is still considered invalid. Because the establishment of a marriage relationship is based on the legal requirements at the time of marriage, rather than being established after reaching the legal age for marriage.
III
In our country, the authority to declare a marriage invalid is the people's court. This is because 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.
1. Except for the people's court, no unit (including the marriage registration authority) or individual has the right to declare a marriage invalid. This is because declaring a marriage invalid involves the legitimate rights and interests of the parties involved and the stability of the marriage relationship, and must be handled with caution.
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. Sichuan Faneng Law Firm is dedicated to serving you.