Marriage at age 16

At what age can you get married?

The Family Code of the Russian Federation sets the marriageable age at 18 years as a general rule.
However, this does not mean that you cannot get married earlier. Paragraph 2 of Article 13 of the RF IC reads:

For good reasons, guardianship and trusteeship authorities have the right to allow starting a family from the age of 16.

Is it possible to get married before the age of 16?

In some regions you can get married before the age of 16:

• from 15 years old - Ryazan, Murmansk, Tver, Chelyabinsk regions, etc.;
• from 14 years old - Moscow, Tyumen, Samara, Vologda, Vladimir regions, etc.;
• without establishing a minimum age threshold - the Republic of Tatarstan.

Important! Despite the fact that the Family Code of the Republic of Tatarstan does not say anything about the minimum age for marriage, it is impossible to get married before 14 years of age. This is due to the obligation of those getting married to present a passport to the Civil Registry Office, which is not issued before the age of 14.

Reasons for getting married before 18 years of age

Marriage before the age of 18 is an exception to the rule, and like any exception, it must have good reasons.

The reasons why guardianship authorities may give consent to early marriage include:

• pregnancy;
• birth of a child;
• difficult life situation of the mother;
• threat to the life of the bride or groom;
• conscription;

These reasons are regulated in detail only in regional legislation and strictly speaking, these norms relate only to early marriages (before 16 years), but by analogy they can be applied to older ages.

Pregnancy

Often the law of the subject establishes a requirement for the gestational age, for example:

• at least 22 weeks of gestation (Murmansk region),
• at least 12 weeks (Vladimir region).

In any case, this condition must be confirmed by a certificate issued by an obstetrician-gynecologist when registering a pregnant woman. In antenatal clinics they usually register after 8 weeks, because Before this period, there is a risk of an ectopic or frozen pregnancy.

Birth of a child

Sometimes regional law stipulates that the child must be shared, but even if such a condition is not contained, it is implied. The legislation of the Murmansk region uses a peculiar formulation - “the actual presence of the child with the mother.”

Difficult life situation

The law of the Murmansk region contains a reference to the difficult life situation of the mother as a valid reason for early marriage. Literally the norm sounds like this:

“When a pregnant minor woman, being in difficult financial or other extreme conditions (orphan, single-parent family, dysfunctional family situation, etc.), by getting married, improves living conditions for herself and the unborn child.”

Threat to the life of the bride or groom

The reality of the threat is assessed by the guardianship authorities individually. This category includes:

• the need for a complex operation;
• service in a “hot spot”;
• being near military operations, etc.

As a rule, the list of possible reasons is open - this allows the guardianship authorities to resolve such an important personal issue with each couple individually.

Conditions for marriage under 18 years of age

Marriage is possible only if the following conditions are met:

• desire and consent of the bride and groom;
• the absence of a valid legal marriage between both of them;
• lack of close blood relationship;
• lack of status as an adoptive parent or adopted child;
• absence of mental disorder.

Important! Marriage under 16 years of age is possible only when neither the groom nor the bride has reached this age threshold. Marital relations between an adult and a child under 16 years of age entail criminal liability.

Is a marriage license required for people under 18 years of age?

If the age is from 16 to 18 years

In this case, parental permission for marriage is not required, but the consent of the guardianship authorities is required.

If under 16 years of age

Rules may vary by region. For example, in the Moscow region, a positive decision of a specially authorized member of the Government is required, which is based on the application of the spouses, their parents or guardians. If the parents do not agree to the wedding, the issue is resolved by the guardianship authorities.

How to register a marriage?

To obtain the coveted stamp in your passport, you need to take the following steps:

• prepare evidence of valid reasons for lowering the marriageable age;
• obtain permission from the guardianship authority at the place of residence or other body, if required by the law of the relevant subject;
• pay a state fee of 350 rubles. in Sberbank;
• submit an application to the Civil Registry Office - by hand or through the State Services portal. This can be any Civil Registry Office in Russia, even located in another region. The application must be accompanied by: a passport, evidence of the termination of a previous marriage (if there was one), permission from the guardianship authorities and other authorities, a receipt for payment of the fee;
• when submitting an application, a wedding date is set - usually no earlier than 1 month, but in exceptional cases the deadlines can be reduced down to the day of filing the application;
• on the wedding day you will receive a certificate (one is issued for two).

Important! If one of the future spouses cannot appear in person to submit a joint application, it can be submitted in two separate documents. In this case, one document is drawn up at the Civil Registry Office, and the second at a notary.

Consequences of early marriage by minors

After the official registration ceremony, the newlyweds automatically become fully capable. This means that the law imposes exactly the same requirements on them as on adults. And even if the marriage is suddenly dissolved, full legal capacity remains. In legal language, the acquisition of full legal capacity by a minor is called emancipation.

Important! Emancipation does not apply to the age of conscription for military service and criminal liability.

Minor parents have full equal rights with adults.

Can minors enter into a marriage contract?

A prenuptial agreement is a transaction that can be completed before or after the registration of a marriage. Since minors become emancipated after official registration, they have the right to enter into a marriage contract on a general basis.

But do the bride and groom have the right to sign a marriage contract before the marriage ceremony?

• If the spouses are over 16 years old, they have the right to sign the contract on their own after submitting an application to the Civil Registry Office.
• If the bride and groom are between 14 and 16 years old, then they can complete this transaction only with the written consent of their parents (guardians).

Divorce and invalidation of early marriage

Everyone has the right to divorce, even minors. Since at the time of marriage the minor acquired full legal capacity, divorce is carried out in accordance with the general procedure.

Declaring a marriage void means recognizing it as non-existent. This is how nullity differs from divorce. For example, a subsequent marriage after a divorce will be considered the second, and if the marriage is invalid, the first. The differences between an invalid and a dissolved marriage are summarized in the table.

A special basis for invalidating an early marriage is the lack of permission from the guardianship authority to start a family. In addition, a marriage is invalid:

• between close relatives;
• imprisoned against the will of the spouse;
• concluded without dissolution of the previous marriage union;
• with incapacity due to mental illness;
• between the adoptive parent and the adopted child;
• when one of the spouses deliberately conceals HIV or a sexually transmitted disease.

Important! The rights of parents and children are not affected by the invalidation of a marriage.

Anna Vertinskaya, lawyer, especially for Mirmam.pro

N 223-ФЗ dated December 29, 1995 (current version of the RF IC, effective from December 25, 2013, with amendments from January 31, 2014)
Section I. GENERAL PROVISIONS Chapter 1. FAMILY LEGISLATION Article 1. Basic principles of family legislation Article 2. Relations, regulated by family law Article 3. Family legislation and other acts containing norms of family law Article 4. Application of civil legislation to family relations Article 5. Application of family law and civil legislation to family relations by analogy Article 6. Family law and norms of international law Chapter 2 EXECUTION AND PROTECTION OF FAMILY RIGHTS Article 7. Exercise of family rights and fulfillment of family responsibilities Article 8. Protection of family rights Article 9. Application of the limitation period in family relations Section II. CONCLUSION AND TERMINATION OF MARRIAGE Chapter 3. CONDITIONS AND PROCEDURE FOR MARRIAGE Article 10. Marriage Article 11. Procedure for marriage Article 12. Conditions for marriage Article 13. Age of marriage Article 14. Circumstances preventing marriage Article 15. Medical examination of persons entering into marriage into marriage Chapter 4. TERMINATION OF MARRIAGE Article 16. Grounds for termination of marriage Article 17. Limitation of the right of the husband to present a demand for divorce Article 18. Procedure for divorce Article 19. Divorce of marriage in the civil registry office Article 20. Consideration of disputes arising between spouses upon dissolution of marriage in the civil registry office Article 21. Divorce of marriage in court Article 22. Divorce of marriage in court in the absence of the consent of one of the spouses to dissolve the marriage Article 23. Dissolution of marriage in court with mutual consent of the spouses for dissolution marriage Article 24. Issues resolved by the court when making a decision on divorce Article 25. The moment of termination of the marriage upon its dissolution Article 26. Restoration of the marriage in the event of the appearance of a spouse declared dead or recognized as missing Chapter 5. INVALIDITY OF MARRIAGE Article 27. Recognition of marriage as invalid Article 28. Persons who have the right to demand recognition of a marriage as invalid Article 29. Circumstances eliminating the invalidity of a marriage Article 30. Consequences of recognizing a marriage as invalid Section III. RIGHTS AND OBLIGATIONS OF SPOUSES Chapter 6. PERSONAL RIGHTS AND OBLIGATIONS OF SPOUSES Article 31. Equality of spouses in the family Article 32. The right of spouses to choose a surname Chapter 7. LEGAL REGIME OF SPOUSES’ PROPERTY Article 33. The concept of the legal regime of spouses’ property Article 34. Joint property of spouses Article 35. Possession, use and disposal of the common property of the spouses Article 36. Property of each of the spouses Article 37. Recognition of the property of each of the spouses as their joint property Article 38. Division of the common property of the spouses Article 39. Determination of shares in the division of the common property of the spouses Chapter 8. CONTRACTUAL REGIME OF THE PROPERTY OF THE SPOUSES Article 40. Marriage contract Article 41. Conclusion of a marriage contract Article 42. Contents of a marriage contract Article 43. Change and termination of a marriage contract Article 44. Invalidation of a marriage contract Chapter 9. LIABILITY OF SPOUSES FOR OBLIGATIONS Article 45. Levy of execution on the property of spouses Article 46. Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract Section IV. RIGHTS AND RESPONSIBILITIES OF PARENTS AND CHILDREN Chapter 10. ESTABLISHING THE ORIGIN OF CHILDREN Article 47. Basis for the emergence of the rights and responsibilities of parents and children Article 48. Establishing the origin of a child Article 49. Establishing paternity in court Article 50. Establishing the fact of recognition of paternity by the court Article 51. Recording parents of the child in the birth register Article 52. Challenging paternity (maternity) Article 53. Rights and obligations of children born from persons who are not married to each other Chapter 11. RIGHTS OF MINOR CHILDREN Article 54. The child’s right to live and be raised in a family Article 55 The child’s right to communicate with parents and other relatives Article 56. The child’s right to protection Article 57. The child’s right to express his opinion Article 58. The child’s right to a first name, patronymic and last name Article 59. Changing the child’s first and last name Article 60. Property rights of the child Chapter 12. RIGHTS AND RESPONSIBILITIES OF PARENTS Article 61. Equality of rights and responsibilities of parents Article 62. Rights of minor parents Article 63. Rights and responsibilities of parents for the upbringing and education of children Article 64. Rights and responsibilities of parents to protect the rights and interests of children Article 65. Implementation parental rights Article 66. Exercise of parental rights by a parent living separately from the child Article 67. The right of grandfather, grandmother, brothers, sisters and other relatives to communicate with the child Article 68. Protection of parental rights Article 69. Deprivation of parental rights Article 70. Procedure for deprivation of parental rights rights Article 71. Consequences of deprivation of parental rights Article 72. Restoration of parental rights Article 73. Restriction of parental rights Article 74. Consequences of restriction of parental rights Article 75. Contacts of a child with parents whose parental rights are limited by the court Article 76. Cancellation of restrictions on parental rights Article 77 Removal of a child in the event of an immediate threat to the child's life or health Article 78. Participation of the guardianship and trusteeship authority in court consideration of disputes related to the upbringing of children Article 79. Execution of court decisions in cases related to the upbringing of children Section V. ALIMONY OBLIGATIONS OF FAMILY MEMBERS Chapter 13 ALIMONY OBLIGATIONS OF PARENTS AND CHILDREN Article 80. Responsibilities of parents for the maintenance of minor children Article 81. Amount of alimony collected for minor children in court Article 82. Types of earnings and (or) other income from which alimony for minor children is withheld Article 83 Collection of alimony for minor children in a fixed amount of money Article 84. Collection and use of alimony for children left without parental care Article 85. The right to alimony for disabled adult children Article 86. Participation of parents in additional expenses for children Article 87. Responsibilities of adult children for maintenance of parents Article 88. Participation of adult children in additional expenses for parents Chapter 14. ALIMONY OBLIGATIONS OF SPOUSES AND FORMER SPOUSES Article 89. Responsibilities of spouses for mutual maintenance Article 90. The right of a former spouse to receive alimony after divorce Article 91. The amount of alimony collected for spouses and former spouses in court Article 92. Release of a spouse from the obligation to support the other spouse or limitation of this obligation for a period of time Chapter 15. Alimony OBLIGATIONS OF OTHER FAMILY MEMBERS Article 93. Responsibilities of brothers and sisters for the maintenance of their minor and disabled adult brothers and sisters Article 94 Responsibilities of grandparents to support their grandchildren Article 95. Obligation of grandchildren to support their grandparents Article 96. Obligation of pupils to support their actual educators Article 97. Responsibilities of stepsons and stepdaughters to support their stepfather and stepmother Article 98. The amount of alimony exacted from other family members in judicial procedure Chapter 16. AGREEMENTS ON THE PAYMENT OF ALIMONY Article 99. Conclusion of an agreement on the payment of alimony Article 100. Form of an agreement on the payment of alimony Article 101. The procedure for concluding, executing, changing, terminating and invalidating an agreement on paying alimony Article 102. Invalidating an agreement on the payment of alimony payment of alimony that violates the interests of the recipient of alimony Article 103. Amount of alimony paid under an agreement on the payment of alimony Article 104. Methods and procedure for paying alimony under an agreement on the payment of alimony Article 105. Indexation of the amount of alimony paid under an agreement on the payment of alimony Chapter 17. PAYMENT PROCEDURE AND COLLECTION OF ALIMONY Article 106. Collection of alimony by court decision Article 107. Deadlines for applying for alimony Article 108. Collection of alimony before the dispute is resolved by the court Article 109. Obligation of the administration of the organization to withhold alimony Article 110. Withholding of alimony on the basis of an agreement on the payment of alimony Article 111. Obligation report a change of place of work of a person obligated to pay alimony Article 112. Foreclosure of the property of a person obligated to pay alimony Article 113. Determination of alimony arrears Article 114. Exemption from payment of alimony arrears Article 115. Liability for late payment of alimony Article 116. Inadmissibility offset and reverse collection of alimony Article 117. Indexation of alimony Article 118. Payment of alimony in case of departure of a person obliged to pay alimony to a foreign state for permanent residence Article 119. Change in the amount of alimony established by the court and exemption from payment of alimony Article 120. Termination of alimony obligations Section VI. FORMS OF EDUCATION OF CHILDREN WITHOUT PARENTAL CARE Chapter 18. IDENTIFICATION AND PLACEMENT OF CHILDREN LEFT WITHOUT PARENTAL CARE Article 121. Protection of the rights and interests of children left without parental care Article 122. Identification and registration of children left without parental care Article 123. Placement of children left without parental care Chapter 19. ADOPTION OF CHILDREN Article 124. Children for whom adoption is allowed Article 125. Procedure for adopting a child Article 126. Registration of children subject to adoption and persons wishing to adopt children Article 126.1. Inadmissibility of intermediary activities in the adoption of children Article 127. Persons who have the right to be adoptive parents Article 128. The age difference between the adoptive parent and the child being adopted Article 129. Consent of parents to the adoption of a child Article 130. Adoption of a child without the consent of the parents Article 131. Consent to the adoption of children of guardians (trustees), adoptive parents, heads of organizations in which there are children left without parental care Article 132. Consent of the adopted child to adoption Article 133. Consent of the adoptive parent’s spouse to the adoption of the child Article 134. Name, patronymic and surname of the adopted child Article 135. Amendment date and place of birth of the adopted child Article 136. Registration of adoptive parents as parents of the adopted child Article 137. Legal consequences of the adoption of a child Article 138. Retention of the adopted child's right to a pension and benefits Article 139. The secret of the adoption of a child Article 140. Cancellation of the adoption of a child Article 141. Grounds for cancellation of the adoption of a child Article 142. Persons who have the right to demand cancellation of the adoption of a child Article 143. Consequences of cancellation of the adoption of a child Article 144. Inadmissibility of cancellation of adoption after the adopted child reaches the age of majority Chapter 20. CUSTODY AND GUARDIANESS OF CHILDREN Article 145. Establishment of guardianship or guardianship over children left without parental care Article 146. Guardians (trustees) of children Article 147. Repealed from September 1, 2008. — Federal Law of April 24, 2008 N 49-FZ. Article 148. Rights of children under guardianship (trusteeship) Article 148.1. Rights and obligations of a child's guardian or custodian Chapter 21. FOSTER FAMILY Article 151. Repealed from September 1, 2008. — Federal Law of April 24, 2008 N 49-FZ. Article 152. Adoptive family Article 153. Adoptive parents Article 153.1. Contents of the foster family agreement Article 153.2. Termination of the foster family agreement Chapter 22. PLACEMENT OF CHILDREN WITHOUT PARENTAL CARE IN AN ORGANIZATION FOR ORPHANS AND CHILDREN WITHOUT PARENTAL CARE Article 155.1. Placement of children left without parental care in organizations for orphans and children left without parental care Article 155.2. Activities of organizations for orphans and children left without parental care Article 155.3. Rights of children left without parental care and in organizations for orphans and children left without parental care Section VII. APPLICATION OF FAMILY LEGISLATION TO FAMILY RELATIONS INVOLVING FOREIGN CITIZENS AND STATELESS PERSONS Article 156. Marriage on the territory of the Russian Federation Article 157. Marriage in diplomatic missions and consular offices Article 158. Recognition of marriages concluded outside the territory of the Russian Federation Article 159. Invalidity marriage concluded on the territory of the Russian Federation or outside the territory of the Russian Federation Article 160. Divorce Article 161. Personal non-property and property rights and obligations of spouses Article 162. Establishing and challenging paternity (maternity) Article 163. Rights and obligations of parents and children Article 164 Maintenance obligations of adult children and other family members Article 165. Adoption Article 166. Establishment of the content of the norms of foreign family law Article 167. Limitation of the application of the norms of foreign family law Section VIII. FINAL PROVISIONS Article 168. Procedure for bringing this Code into force Article 169. Application of the norms of this Code Article 170. Bringing regulatory legal acts into compliance with this Code