Can a 16-year-old girl and an adult guy get married before the girl reaches adulthood without pregnancy and parental consent? | Chelyabinsk

Process Features

Relations in the field of marriage are regulated by the Family Code of the Russian Federation. In accordance with Art. 13 establishes the age at which citizens can freely marry. According to the law, this is the achievement of full legal capacity, that is, 18 years.

Of course, this legal relationship has exceptions. The law clearly stipulates that, if there is a valid reason, persons can officially register a marriage before reaching the age of majority. According to legal practice, such situations include:

• Pregnancy or the birth of a baby.
• Serious illness of one of the partners.
• A clear threat to the health or life of one of the newlyweds.
• The groom is called up for military service.
• The partners have been living in a civil marriage for a long time.

All of the above situations must be documented. The fact of their presence is not enough to formalize a marriage between minors. A resolution from the local administration is also required.

Legal provisions

The Family Code of the Russian Federation clearly establishes that the age of marriage begins at 18 years. Then citizens can freely consolidate their relationships at the official level. They do not need parental or government consent to do this.

There is also a clarification that the age of marriage can be lowered for minors if there are good reasons. Their list is not established by law, but depends on the degree of seriousness. Examples include pregnancy and illness. In this case, it is possible to reduce the teenage age of marriage:

It should be noted that this issue is regulated by the constituent entities of the Russian Federation. Accordingly, the local administration can independently set the age and grounds for persons to get married early.

In which regions of the Russian Federation can you get married at 14 years old?

Taking into account personal circumstances and special centuries-old traditions, Russian regions, through their legislative documents, allowed their residents to enter into official relations until they reach the age of eighteen.

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Boys and girls from:

• Adyghe and Chechen Republics;
• Moscow and Tyumen, Tula and Kaluga, Tambov and Vologda, Oryol and Nizhny Novgorod regions;
• Khanty-Mansiysk or Jewish Autonomy.

Their peers in a year - at fifteen, can submit a personal application for marriage registration in other regions:

• Chelyabinsk or Murmansk regions:
• Kabardino-Balkaria.

Peoples from the Caucasus and the Far North, being part of a large country, are in a special position due to the original marriage traditions observed in the regions for centuries.

Future relatives look after the young bride as a child, watching her grow up. Therefore, becoming a wife at the age of fourteen in Chechnya or Adygea is not at all uncommon.

Basic Concepts

This legal relationship is regulated by the Family and Civil Codes of the Russian Federation. For a complete understanding, it is worth clarifying the terminology. The main concepts include:

It is worth mentioning such a legal consequence of early marriage as emancipation. This is the name of the process when a person, having married his partner under 18 years of age and receiving the status of husband or wife, has the same rights and responsibilities as an adult citizen. For example, you can open your own enterprise, as well as dispose of property in any form.

Marriage of minors

The age minimum (16 years) for declaring a minor emancipated cannot be absolutely indisputable, since the consent of legal representatives cannot exclude the presence of personal selfish interests (getting rid of obligations to support the minor, including the payment of alimony). But according to formal criteria, he can be recognized as fully capable, although due to his personal characteristics (psychology, level of intelligence, amount of knowledge, etc.) the minor is not ready to engage in entrepreneurship and realize the need to be responsible for his actions. In this regard, it seems completely fair to conclude that “the institution of emancipation is only an exception to the general rule and should not be considered as a general guide to action.

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During pregnancy

Pregnancy is one of the common and compelling reasons to get married at 17 or even earlier. To register a marriage, you must write an application to the local administration of the municipality or district, indicating the basis for lowering the marriageable age.

Adolescents must provide evidence along with their application. You can confirm your special situation with a certificate from the hospital. If the couple already has a child together, then their birth certificate should be shown.

If there are no good reasons

Federal law does not establish a list of valid reasons when minor citizens can enter into a marriage. The last word remains with the local administration of the city or district. By their decision, the civil registry office can accept an application for a marriage.

It is worth noting that a number of grounds can be listed in the law of a constituent entity of the Russian Federation. Then, when submitting an application for marriage, you should refer to this legal norm.

Important! If one of the minor partners is an orphan or a foreign national, then they should contact the local administration and document their status.

Procedure, step-by-step instructions

Registering a marriage is a significant but rather lengthy process. It includes several stages, the completion of which is mandatory. In addition, early marriage entails legal consequences. Below is a detailed description of each item.

1. Step one. Receiving a positive response to an early union.

The initial stage, the implementation of which is necessary. Approval to lower the marriageable age can be obtained from the administration of the subject: city or district.

Documents are submitted along with the application. This confirms the special position of the newlyweds. Such papers include:

• Passports or birth certificate.
• Medical confirmation of a girl’s pregnancy.
• Upon request, permission from parents or official representatives of young persons in writing.
• A certificate from the place of employment, as well as a reference, if required by the administration staff.
• Certificate of income for the last year.
• Certificate from educational institution.

Important! The application is considered individually. If both partners are minors, then two petitions are required to lower the marriageable age. Accordingly, if only one citizen is under 18 years of age, then the application will be accepted only from him.

Grounds for refusal may include:

• unreadable text;
• non-compliance with the requirements of the regulations;
• the required documents are not attached along with the application;
• other violations of the filing procedure.

The deadlines for consideration of the application are set individually for each region. This is prescribed in local acts of the city administration or in a special law of a subject of the Russian Federation.

Important! If the application is submitted by parents or official representatives (guardians), then the written consent of minor citizens to the marriage union must also be provided.

1. Step two. Submitting an application to the Civil Registry Office.

An application to the Civil Registry Office is submitted in the standard manner. It should be noted that persons have the right to submit documents to any branch of the wedding house, regardless of region and district. The law does not limit the location of a government agency where citizens can sign. Along with the application, basic information about the newlyweds is submitted:

• Passports of the parties (or birth certificates).
• Consent of the local administration to lower the age of marriage.
• Receipt of payment of the state fee (the cost is 200 rubles, no benefits are provided to minors).
• The registry office may require written parental consent.

Next, the newlyweds just have to wait for the actual wedding date. As a rule, this is one month, maximum two. However, the law defines situations when young people can be discharged on the same day or the next. These include:

• bride's pregnancy;
• the couple already has a child together;
• one of the newlyweds is in danger of life or health.

It is important that all documents are up to date!

1. Step three. Conclusion of a marriage union, painting of the newlyweds.

Direct visit to the registry office to sign. After this, the couple officially becomes husband and wife.

Every action has consequences. This also applies to early marriage. Marriage at the age of 16 leads to the emancipation of a citizen. This means that he becomes absolutely capable at an early age.

As a rule, absolute legal capacity begins at the age of 18. But marriage is an exception to the general rules. What does emancipation give:

• Freely dispose of your own property: sell, donate, pledge.
• Open your own private enterprise, for example, register a Limited Liability Company in your name.
• Other rights and obligations that a person acquires upon reaching the age of majority.

It is worth saying that Art. 27 of the Family Code of the Russian Federation establishes situations when a marriage is declared invalid. Then it can be terminated by one of the parties in court. This may happen in the following cases:

1. The marriage was not concluded by mutual voluntary agreement.
2. The procedure for obtaining a marriage license from the local administration was violated.
3. There is no legislation in the region allowing early marriage.
4. One of the spouses is already married.
5. The newlyweds are relatives.
6. One of the partners is declared incompetent by a court decision.
7. One of the newlyweds has a sexually transmitted disease and deliberately hid it from his partner.

Thus, marriage of minors is permitted under the Family Code. You just need to collect the necessary documents and issue a permit.

Conditions and procedure for marriage before reaching 18 years of age

In addition to the desire of young lovers to live together officially until the age of eighteen, in order to register their relationship, certain conditions established by regional authorities must be met.

The conditions for registering a marriage at 14 years of age include:

• presence of special reasons;
• obtaining permission to register from the local administration where the future spouses live;
• consent from both partners to the marriage.

Once permission to register is obtained and with mutual consent, everything is clear. What is meant by valid reasons may vary for each couple.

The generally accepted factors giving the right to register a relationship are:

• pregnancy;
• birth of a child;
• threat to the life of one of the partners;
• the need to legalize living in a civil marriage;
• conscription of the future husband into the army;
• other possible reasons that the administration authorities recognize as valid.

In each case, the decision will be made individually.

To obtain permission, minors submit documents according to the list to the local administration. It includes:

• personal statement from both partners wishing to register the marriage;
• a document confirming special reasons (medical certificate of pregnancy, birth certificate of the baby, certificate of conscription from the military registration and enlistment office and others);
• birth certificates and their copies;
• passports and their copies.

Additionally, they may ask for: the consent of the parents of minors for their marriage and certificates indicating the income of the future spouses from the place of study or work. Permission is usually given by the head of administration in a resolution. The marriage is then registered as normal for any adult.

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Legislators provide for the opportunity to apply for a reduction in the age of marriage not only by young people, but also by their parents or guardians, and other possible persons or organizations involved in raising these people.

The family registration limit is eighteen years. Having reached this age, young people are considered fully formed citizens in a physiological and psychological sense.

There are exceptions to the general rule:

• if the person entering into marriage is not a citizen of the Russian Federation, then the rules do not apply to him;
• The age for marriage may be reduced to sixteen years, and for special valid reasons - to fifteen or fourteen years.

There is no upper limit for family registration. Citizens of the Russian Federation have complete freedom to create a union.

Samples of required documents

An important stage in registering a marriage is documents. These include statements and certificates that confirm a certain status. Below are examples of the required papers:

• Sample application to the local administration to lower the age of marriage:

• Sample application for registration of a marriage union to get married at 16 years old:

• Filled-in form:

Important! You can fill out the application at home, the main thing is to sign. This will greatly reduce the time when submitting documents to the administration or the registry office.

Thus, the law allows persons under 18 years of age to register relationships. To do this, you just need to obtain permission from the city or district administration to marry minors.

Is it possible to get married at 16?

Does the Family Code influence the marriage of minors? Definitely yes. This issue is regulated by Articles 12 and 13 of the RF IC. According to it, a person has the right to independently decide on marriage after reaching the age of majority. Getting married at 16 is also possible, but this requires a combination of certain factors:

• firstly, there must be a request from both parties wishing to formalize the relationship in accordance with the letter of the law;
• secondly, there must be valid reasons;
• thirdly, not only those who wish to marry, but also their parents or guardians must give their consent.

In addition, permission from the local government authorities at the place of registration of persons wishing to get married is required. As a rule, municipal authorities are more willing to give consent to persons who have already crossed the 17-year mark. In such a situation, even a valid reason may be formal, especially if there are several months left before reaching adulthood. Thus, the question of whether it is possible to get married at 17 should be answered positively. And it’s much easier to do this than at 16.

List of documents required to submit an application to the registry office