Marriage of minors. Family lawyer in Ukraine

Contents

Marriage of minors
Conditions for marriage of minors in Ukraine
Marriage permit for minors in Ukraine
Consequences of marriage of minors in Ukraine
Recognition of invalid marriage of minors in Ukraine
Questions from our readers and answers from a consultant
Conclusion
Services of a family law lawyer in Ukraine

Family lawyer in Ukraine

Skryabin Alexey Nikolaevich

Doctor of Law

Hello! In this article, I will tell you about the conditions for marriage for minors and in what cases such a marriage can be declared invalid.

Marriage of minors

The basic principles of marriage are defined at the international level. In accordance with the UN Convention “On Consent to Marriage, Age of Marriage and Registration of Marriage”, adopted in 1962, states are recommended to set the marriageable age at least 15 years and are given the right to independently determine the minimum marriageable age.

According to the law, the age for marriage is 18 years (Family Code). At this age comes the full legal capacity of a citizen. However, there are exceptions to this rule.

The legislator allows, if there are good reasons, the registration of spouses from the age of 16, and under certain circumstances even earlier.

The possibility of registration before the age of 16 is regulated at the local level.

Conditions for marriage of minors in Ukraine

According to the legislation, citizens who have reached the age of sixteen have the right to register a marriage in the GRACS bodies under the following conditions:

request of persons intending to register their relationship;
valid reasons;
permission from local authorities.

The law does not stipulate what good reasons must be present in order to obtain a permit. Usually these reasons are:

pregnancy;
actually established marriage relations, the so-called “civil marriage”;
birth of a child;
other circumstances indicating a clear need for marriage before the citizens reach the age of majority.

After obtaining the permission of the local authorities, the persons submit a joint application to the registry office with the application of the received permission. The joint statement confirms the mutual voluntary consent to marriage, as well as the absence of reasons preventing its conclusion.

An application can be submitted in person to the Civil Registry Office, sent through a single portal of public services. The legislator allows separate filing of applications if one of the applicants cannot personally submit it.

Registration of marriage takes place with the personal presence of persons after a month from the date of filing the application. In exceptional cases, this period may be reduced, and in the presence of extraordinary circumstances, marriage registration may be carried out on the day the application is submitted.

Minor citizens may marry before they reach the age of 16 under the following conditions:

the existence of a law regulating the possibility, procedure and conditions for registering a marriage;
special circumstances.

The legislation does not provide for a list of circumstances in the presence of which persons under the age of 16 may enter into marriage. Usually such reasons are pregnancy, the birth of a child, a threat to life.

Marriage permit for minors in Ukraine

Local self-government bodies in each specific case decide on the urgency of registering a marriage. To resolve this issue, the following documents are required:

a written statement of a minor citizen indicating good reasons;
documents proving valid reasons.
This may be a certificate of pregnancy, a birth certificate of a child and other documents.

The consent of parents, guardians, trustees, adoptive parents is not required for the marriage of a minor.

Consequences of marriage of minors in Ukraine

A citizen who has registered a marriage before reaching the age of eighteen acquires full legal capacity. This means that from that moment on, a person can acquire and exercise civil rights, create civil obligations for himself and fulfill them in full. Prior to registration of marriage, a citizen over the age of 14 is partially capable. He has the right, without the consent of parents, guardians, trustees, adoptive parents:

manage their wages and other income;
exercise the rights of the author of works of literature, art, science and other protected results of intellectual activity;
make deposits in credit organizations and dispose of them within the limits established by law;
make small household transactions;
from the age of 16, a citizen has the right to be a member of a cooperative.

To perform other actions, minors require the permission of their parents, guardian, trustees, adoptive parents. By virtue of the fact that he acquires full legal capacity, he has the right to conclude a marriage contract.

In case of dissolution of marriage by minors, their full legal capacity is preserved. Only if the marriage is declared invalid by the court, the minor may lose full legal capacity.

Recognition of invalid marriage of minors in Ukraine

According to the law, a marriage can be declared invalid as a result of a violation of a number of norms established in the Family Code. Marriage is recognized as inconsistent with the law from the date of its registration.

Reasons for such recognition:

lack of voluntary consent to the marriage of future spouses
non-compliance with the procedure for obtaining permission from local authorities;
one of the future spouses is in a registered marriage;
future spouses are close relatives;
persons wishing to register their relationship are the adopter and the adopted;
a person has been declared legally incompetent by a court due to a mental illness;
one of the spouses has a sexually transmitted disease or HIV infection and deliberately hid this fact from his future spouse
registration of relationships without a goal – to create a family.

Recognition of a marriage as invalid may be made on the basis of a statement of claim by the minor spouse, his parents, adoptive parents, guardians, guardianship and guardianship authorities, the prosecutor and other interested persons and entails the following consequences:

do not acquire the rights and obligations of spouses;
property acquired by spouses is shared property;
the marriage contract is declared invalid.

The recognition of a marriage as invalid does not affect the rights of children born during its period and within 300 days from the date of its recognition as invalid.

The court may dismiss a claim for recognition of a marriage as invalid in the following cases:

the circumstances of recognizing it as such, having disappeared by the time the court decision was made;
such recognition is contrary to the interests of a minor male;
in the absence of the consent of the spouses who have reached the age of 18, to recognize the marriage as invalid;
spouses actually created a family (by fictitious marriage);
at the time of the decision by the court, the marriage was annulled.

A conscientious man, whose rights have been violated, may demand compensation for the moral and material damage caused to him, keep the surname that he had in marriage, as well as the requirements of his maintenance.

Also, useful information on the website “Divorce Online” of the family lawyer Aleksey Nikolaevich Skryabin may be for you: divorce certificate by court order, divorce with a foreigner in Ukraine, divorce with a foreigner without his presence, grounds for declaring a marriage invalid, divorce with a foreigner 2022 , divorce laws, civil status acts in divorce, family code on divorce, civil code on divorce, how to survive a divorce.

Questions from our readers and answers from a consultant

My daughter is 16 and she is pregnant by her boyfriend. Can they get married if his parents are against marriage?

According to the Family Code of Ukraine, for minors to register a marriage, valid reasons and permission from local governments are required. Your daughter’s pregnancy is a good reason. Because of this, it is necessary to submit an application to the self-government bodies with a request to register a marriage, indicate the reason, add documents confirming the pregnancy of your daughter. The consent of the parents is not required, but they can file a lawsuit in court to declare the marriage invalid if it is registered with violations of the law.

I’m 16 and I’m getting married in a week. Can I organize my own business after marriage and register it in my name?

According to the Family Code of Ukraine, after registering a marriage, you will receive full legal capacity, which will allow you to fully manage your property, buy and exercise rights, create and perform duties. On this basis, you can create an enterprise, for example, in the form of a limited liability company, become the sole founder there and register it with the tax office.

Conclusion

In Russia, in exceptional cases, marriage is allowed from the age of 16, and in the presence of laws of the subjects of Ukraine and up to the age of 16. To register such a marriage, valid reasons and compliance with the procedure established by law are required. A minor who has registered a marriage becomes fully capable.

Failure to comply with the procedure for registering a marriage, as well as violation of other norms of the law, entails its recognition by the court as invalid. The consequences of such recognition do not affect children born to spouses, and also endow bona fide spouses with special rights. In the absence of the consent of minors, their marriage cannot be declared invalid.

Services of a family law lawyer in Ukraine

A family lawyer will provide you with legal advice and help you draw up all the necessary documents for the marriage of minors.
We are responsible for the quality of legal services and guarantee a positive result.
With the help of a family lawyer or lawyer, your underage marriage case will be resolved more professionally and quickly.
By contacting us, you are guaranteed to receive professional legal assistance in the marriage of minors.

Take the first step towards your victory in a legal case on underage marriage, call or write to a lawyer and you will receive answers to all your questions. You deserve our professional legal assistance!

Family lawyer in Ukraine