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Marriageable age

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Marriageable age (or marriage age) is the age at which a person is allowed to marry, either as of right or subject to parental or other forms of consent. The age and other requirements vary between countries. The marriage age should not be confused with the age of majority or the age of consent. The marriage age in a country may be below the age of majority and the age of consent that applies in that country. Additionally, the age at which a person is legally permitted to engage in sexual activity may be below the marriage age.

By country

The following is an incomplete list of marriageable ages in various countries. The list is current, and does not treat the topic in history.

Africa

  • Algeria: 21 for males and 18 for females, lower with judicial permission if necessity or benefit is established.[1]
  • Egypt: 18 for males and 18 for females, the age was raised in 2008 from 16 to 18 for females[2]. However this yet to change after Egyptian revolution within parliamentary laws revision.
  • Ethiopia: 14 for females,18 for males.[3]
  • Kenya: 16 for statutory marriages under the Marriage Act.[4]
  • Libya: 20, lower with judicial permission on grounds of benefit or necessity and with wali's agreement.[5]
  • Madagascar: 18 for males, 17 for females.[6]
  • Mali: 18 or 15. (proposed by the Malian Family Code)
  • Morocco: 18.[7] (This is not always followed in rural areas and many judges do not uphold this law and let women younger than 18 marry.)
  • Nigeria: 18[3]
  • Senegal: 20 for males, 16 for females[8]
  • Somalia: 18; 16 for females with guardian's consent. Court may grant exemption from minimum age requirements in case of necessity.[9]
  • South Africa:
  • Sudan: Puberty, with requirement for willing consent of both parties.[15]
  • Tanzania: 18 for males and 15 for females, 14 with court permission if specific circumstances make marriage appear desirable. Penal Code provides that persons of "African or Asiatic descent" may marry or permit marriage of a girl under 12 in accordance with their custom or religion if marriage is not intended to be consummated before she is 12.[16]
  • Tunisia: 20 for males and 17 for females, lower with judicial special permission for pressing reasons and on the basis of a clear interest for both spouses.[17]
  • Zimbabwe:The Marriages Act [Chapter 5:11]Under this legislation, a man may marry at the minimum age of 18 while a woman may marry at the minimum age of 16.[18]

Asia

NEVER.

Europe

  • Albania: 18
  • Armenia: 18 for males, 17 for females.
  • Austria: 18, 16 with court consent (partner must be 18 or older).
  • Azerbaijan: 18 for males, 17 for females. 17 or 16 correspondingly in special cases.[19]
  • Belarus: 18, 16 with parental consent.
  • Belgium: 18, 16 with parental consent.
  • Bulgaria: 18, 16 with parental consent.
  • Croatia: 18, 16 with parental consent.
  • Cyprus: 18, 16 with parental and ecclesial consent.
  • Czech Republic: 18, 16 with court consent.
  • Denmark: 18, 15 requires an exemption named "Kongebrev" (historical: "letter [from the] king [by a a exemption]"). Today, local authorities may give approval if the couple has their own home.
  • Estonia: 18, 15 with parental or court consent.
  • Finland: 18, under 18 with the consent of the ministry of justice in extraordinary circumstances, in which case parents or other guardian must be heard, but actual parental consent is not required.
  • France: 18
  • Georgia: 18 but 14 with parental consent.
  • Germany: 18, 16 with court consent (partner must be 18 or older).
  • Greece: 18, 16 with consent from both parents and court permission.
  • Hungary: 18, 16 with parental consent.
  • Iceland: 18, the Ministry of the Interior may permit the marriage of younger persons but parental consent is also required.
  • Ireland: 18, below 16 with both parental and High Court consent.
  • Italy: 18, 16 with court consent.
  • Latvia: 18, 16 with court and/or parental permission.
  • Lithuania: 18, 16 with court permission.
  • Netherlands: 18, 16 with parental consent, under 16 with personal permission from the queen.
  • Norway: 18, 16 with consent from parents (guardian) and permission from the County Governor. The County Governor may only give permission when there are 'special reasons for contracting a marriage'.[20][21]
  • Poland: 18 for men, 18 for women (16 with court permission).
  • Portugal: 18, 16 with parental consent (if not possible, the court can provide the consent).
  • Romania: 18, 16 with permission from the district's administrative board.[22]
  • Russia: 18, 16 in special circumstances; may vary in different regions.
  • Serbia: 18, 16 with court consent.
  • Slovakia: 18, 16 with court consent.
  • Slovenia: 18, 16 with parental consent.
  • Spain: 18, 16 with parental consent.
  • Sweden: 18, younger with permission from the county administrative board (LST). The county administrative board may only give permission when there are 'special reasons' but although the custodians of the underage should be heard if possible, the consent of the custodians is not required. Although the law specifies no lower age limit to enter into marriage, the policy of the LST is to not grant any permission to a person under 15 years of age (source: LST, Stockholm).
  • Switzerland: 18
  • Turkey: 18, 17 with parental consent, 16 in special circumstances with court approval.
  • Ukraine: 18 for males, 17 for females, 16 with parental consent.
  • United Kingdom[23]
  • Vatican City: 18, 16 with court consent.[24]

North America

  • Canada: Varies by province, but generally 18 years old, 16 years with parental consent, 14 years with judicial consent.
  • Mexico: 20, 18, 14 for pregnant females with legal consent.
  • Puerto Rico: 21 (younger parties may obtain license in case of pregnancy or birth of child), 18 with parental consent.[25]
  • United States: 18 (one exception: 19, in Nebraska). Most states, however, allow marriage at a younger age with parental and/or judicial consent. Some states allow marriage at a still younger age if the female is pregnant.
    • Alabama: 18, 16 with parental consent. (statute).
    • Alaska: 18, 16 with parental consent.[25]
    • Arizona: no statutory minimum, under 18 with parental consent, under 16 with approval of a superior court judge and parental consent. (statute)
    • Arkansas: 18, 16 for females and 17 for males with parental consent.[25]
    • California: no statutory minimum, those under 18 must receive approval of a superior court judge, or parental consent.
    • Colorado: 18, 16 with parental consent, no minimum with judicial approval.[25][26][27]
    • Connecticut: 18, 16 with parental consent;[28] Under 16 w/ judicial & parental consent.[29]
    • District of Columbia: 18, 16 with parental consent.[25]
    • Delaware: 18, 16 for females with parental consent, 17 for males with parental consent.[25]
    • Florida: 18, 16 with parental consent.[25]
    • Georgia: 18, 15 with parental consent, 16 without parental consent if pregnant.[25]
    • Hawaii: 18, 15 with parental consent.[25]
    • Idaho: 18, 16 with parental consent.[25]
    • Illinois: 18, 16 with parental consent.[25]
    • Indiana: 18, 17 with parental consent, 15 in the case of pregnancy with both parental and judicial consent.[30]
    • Iowa: 18, 16 with parental consent.[25]
    • Kansas: 18, 16 with parental consent.[25]
    • Kentucky: 18, 16 with parental consent.[25]
    • Louisiana: 18, 16 with parental consent.[25]
    • Maine: 18, 16 with parental consent.[25]
    • Massachusetts: 18 for first marriage, 14 (male) 12 (female) with parental and judicial consent.[25]
    • Maryland: 18, 16 with parental consent.[25]
    • Michigan: 18, 16 with parental consent, 15 and under with parental consent and probate judge approval.
    • Minnesota: 18, 16 with parental consent.[25]
    • Mississippi: 17 for males, 15 for females, no minimum with parental and judicial consent. (statute)
    • Missouri: 18, 15 with parental consent.[25]
    • Montana: 18, 16 with parental consent.[25]
    • Nebraska: 19, 17 with parental consent.[25]
    • Nevada: 18, 16 with parental consent.[25]
    • New Hampshire: 18, 14 for males and 13 for females, in cases of "special cause" with parental consent and court permission.
    • New Jersey: 18, 16 with parental consent and in the case of pregnancy.
    • New Mexico: 18, 16 with parental consent.[25]
    • New York: 18, 16 with parental consent, 14 with parental and judicial consent.[31]
    • North Carolina: 18, 16 with parental consent, unlimited in case of pregnancy or birth of child with parental consent.
    • North Dakota: 18, 16 with parental consent.[25]
    • Ohio: 18 for males, 16 for females, less with parental consent.
    • Oklahoma: 18, 16 with parental consent.[25]
    • Oregon: 18, 17 with parental consent. The consenting parent or guardian must accompany the applicant when applying for the marriage license.
    • Pennsylvania: 18, 16 with parental consent, 14 in case of pregnancy and with the approval of a Judge of the Orphans Court.
    • Rhode Island: 18, 16 for females with parental consent.[25]
    • South Carolina: 18, 16 with parental consent.[25]
    • South Dakota: 18, 16 with parental consent.[25]
    • Tennessee: 18, 16 with parental consent.[25]
    • Texas: 18, 16 with parental consent. 14 with judicial consent or if person under 18 had previously married and divorced.
    • Utah: 18, 16 with parental consent, 15 with court approval.[32]
    • Vermont: 18, 16 with parental consent.[25]
    • Virginia: 18, 16 with parental consent.[33]
    • Washington: 18, 17 with parental consent.[25] May be waived by superior court judge.(statute)
    • West Virginia: 18, 16 with parental consent, under 16 (unspecified limit) with parental and judicial consent[25][34]
    • Wisconsin: 18, 16 with parental consent.[25]
    • Wyoming: 18, 16 with parental consent.[25]

Oceania

  • Australia: 18, 16 with permission from a court and both parents (only granted in exceptional circumstances).[35]
  • New Zealand: 18, 16 with parental consent.[36]

South America

  • Argentina: 18, lower with judicial consent only in exceptional cases.[37]
  • Brazil: 21, 18 with consent of both parents, or of the legal tutor, if the minor is under the guardianship of a tutor; if one of the parents has been judicially removed from the discharge of parental authority, only the consent of the other parent is required; if both parents, married or not, are invested with parental authority (as is normally the case), and they disagree over the granting of consent, then any of them may petition a court to decide the matter. The minor can also petition a court to overrule the parents decision to deny consent, but the minor must prove that the refusal of consent is unreasonable. In exceptional circumstances, the marriage of someone who is under 16 years can also be authorized, but only by a court, and only in cases of pregnancy, or to avoid the imposition of a criminal penalty. There is no age limit for the exceptional scenario of a court authorizing a girl who is pregnant to marry.
  • Chile: 18, 16 with parental consent.
  • Colombia: 18, 14 with parental consent.
  • Paraguay: 16, 14. Article 39, clause "b", of the Paraguayan Civil Code reads: “The legal incapacity of minors will cease: ...(b) for gentlemen of 16 and for women of 14 years completed, through marriage, with the limitations established in this Code”.
  • Peru: 18
  • Venezuela: 18, 14 for females and 16 for males with parental consent.
  • Ecuador: 18

See also

References

  1. ^ Legal Profiles: Algeria
  2. ^ Profiles:Egypt
  3. ^ a b Do African Children Have Rights? (by Stephen Nmeregini Achilihu)
  4. ^ Legal Profiles: Kenya
  5. ^ Legal Profiles: Libya
  6. ^ MG: Droit francophone
  7. ^ Morocco Pushes Women's Rights (originally published in The Washington Times)
  8. ^ Legal Profiles:Senegal
  9. ^ Legal Profiles: Somalia
  10. ^ Marriage Act, No. 25 of 1961, section 24.
  11. ^ Children's Act, No. 38 of 2005, section 17
  12. ^ Marriage Act, No. 25 of 1961, section 26.
  13. ^ Civil Union Act, 2006, section 1
  14. ^ Recognition of Customary Marriages Act, No. 120 of 1998, section 3.
  15. ^ Legal Profiles: Sudan
  16. ^ Legal Profiles: Tanzania
  17. ^ Legal Profiles: Tunisia
  18. ^ Zimbabwe Human Rights NGO Forum
  19. ^ Cite error: The named reference demaz.org was invoked but never defined (see the help page).
  20. ^ "LOV 1991-07-04 nr 47: Lov om ekteskap". Lovdata.no. Retrieved 2008-10-27.
  21. ^ "The Marriage Act" (PDF). Retrieved 2008-10-27.
  22. ^ "Codul familiei - Incheierea casatoriei". E-juridic.ro. Retrieved 2008-10-27.
  23. ^ Family Planning Association
  24. ^ http://en.wikipedia.org/wiki/Ages_of_consent_in_Europe#Vatican_State
  25. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai "Marriage Laws of the Fifty States, District of Columbia and Puerto Rico". Cornell University Law School. Retrieved 2009-11-10.
  26. ^ "Marriage Requirements and Applications". Denver, CO. Retrieved 2009-11-10.
  27. ^ C.R.S. Colorado Revised Statutes 14-2-106
  28. ^ Connecticut General Statutes, 46b-30(a)
  29. ^ Connecticut General Statutes, 46b-30(b)
  30. ^ "IC 31-11-1: ARTICLE 11. FAMILY LAW: MARRIAGE". Indiana State Legislature. Retrieved 2009-11-10.
  31. ^ Getting Married in New York State Last accessed January 3, 2009
  32. ^ [1]
  33. ^ Virginia marriage requirements
  34. ^ WV Code Chapter 48
  35. ^ Commonwealth Marriage Act 1961 s.10-21
  36. ^ The Department of Internal Affairs: Births Deaths and Marriages - How to Get a Marriage Licence
  37. ^ See Articles 166, 167 and 168 - Marriage Section of the Argentine Civil Code
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