Is it possible to sign at 17 16 years old? Procedure, step-by-step instructions

Civil Code of the Russian Federation).

However, there are exceptions to this general rule. In some cases, it is possible to marry before reaching adulthood.

Conditions under which marriage is possible for persons over 16 years of age

Family legislation of the Russian Federation provides for the possibility of reducing the age of marriage by two years, that is, to 16 years. At the same time, the law places the issue of lowering the marriageable age within the competence of local government bodies.

To reduce the age of marriage to 16 years, there must be valid reasons (clause 2 of article 13 of the RF IC). The legislation does not provide a list of such reasons, however, as a rule, these include pregnancy, the birth of a child, actual marital relations with a citizen who has not reached marriageable age, etc.

Permission to marry minor citizens is issued by the local government body at the place of residence of these citizens and on the basis of their written application (Clause 2 of Article 13 of the RF IC). The application must also be accompanied by documents confirming the presence of valid reasons for lowering the marriageable age: a certificate from the clinic about pregnancy, a child’s birth certificate, etc.

The consent of the parents of minors is not required for marriage.

Conditions under which marriage is possible for persons under 16 years of age

The laws of the constituent entities of the Russian Federation may establish the procedure and conditions under which marriage, as an exception, taking into account special circumstances, may be permitted before reaching the age of 16 years (Clause 2 of Article 13 of the RF IC).

At the same time, the concept and list of special circumstances allowing persons under the age of 16 to enter into marriage are not provided for by federal legislation. However, in accordance with the legislation of the constituent entities of the Russian Federation, such circumstances may include pregnancy, the birth of a common child (children) among citizens wishing to get married, an immediate threat to the life of one of the parties (Article 2 of the Law of the Moscow Region dated April 30, 2008 N 61/2008- OZ).

The decision on permission to marry a person under the age of 16, for example, in the Moscow region, is made by a member of the Government of the Moscow region, authorized by the Governor of the Moscow region, and is formalized by his order by the executive body of the constituent entity of the Russian Federation on the basis of a written application from the minor (minors) and his parents (adoptive parents, trustees).

When there are disagreements between parents (adoptive parents, trustees) and a citizen wishing to get married, an application for permission to marry is considered with the consent of the guardianship and trusteeship authority at the place of his residence (Parts 1, 2, Article 3

To obtain permission to marry, simultaneously with the submission of applications, documents confirming special circumstances for marriage, passports of parents and persons wishing to marry are submitted.

If there are disagreements between a person wishing to get married and his parents (adoptive parents, trustees), it will also be necessary to provide a document from the guardianship and trusteeship authority on consent to marriage of a person under the age of 16 (Part 3 of Article 3 of Law of the Moscow Region No. 61/ 2008-OZ).

Procedure and consequences of marriage

Persons getting married submit a joint application to the civil registry office for marriage, at the same time they will be required to present, among other things, permission to marry before reaching marriageable age (Clause 1, Article 26 of the Law of November 15, 1997 N 143-FZ) .

State registration of marriage is carried out in the personal presence of the persons entering into marriage, after a month has passed from the date of their submission of the application to the civil registry office. However, if there are good reasons, marriage registration may be permitted before the end of the month, and in the presence of special circumstances - on the day of filing the application (Clause 1 of Article 11 of the RF IC).

Persons who got married before reaching the age of 18 acquire full civil capacity from the date state registration marriage. These persons retain their legal capacity even in the event of divorce before reaching the age of majority. However, if a marriage is declared invalid, the court may decide that the minor spouse loses full legal capacity from the moment determined by the court (Clause 2 of Article 21 of the Civil Code of the Russian Federation).

site wrote:

Good afternoon My girlfriend is 17 years old and pregnant. Tell me, can we get married? What documents are needed for this? Is parental consent necessary (her mother is against it, mine is not).

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In Art. 13 of the Family Code of the Russian Federation states: “...if there are good reasons, local government bodies at the place of residence of persons wishing to get married have the right, at the request of these persons, to allow persons who have reached the age of sixteen years to marry... the procedure and conditions, if the presence of which marriage, as an exception, taking into account special circumstances, may be permitted before reaching the age of sixteen years, may be established by the laws of the constituent entities Russian Federation».

A valid reason when considering the issue of marriage of minors may be the pregnancy of a minor girl or the birth of her child, the minor mother’s lack of adequate means to raise and care for the child, an immediate threat to the life of a minor or recognition of him by the court as fully capable, etc. .

The minimum age for marriage, established by relevant legislative acts in a number of constituent entities of the Russian Federation, is 14 years ( detailed information can be found in the civil registry office of a particular subject).

Circumstances that may serve as a reason for marriage by a minor must be documented. Such documents may include: a certificate from a clinic or antenatal clinic about the pregnancy of a minor, a copy of the court decision recognizing the minor as fully capable (emancipated), etc. In addition to these documents, it is also necessary to have a reference from the place of study or work of the minor, as well as a review of the study by the guardianship and trusteeship authority living conditions and the financial situation of the family of the minor and his future spouse.

All of the above circumstances are possible, under which a minor can get married. However, their presence cannot be considered a complete guarantee that a marriage license will be issued, since the last word in resolving this issue remains with the local government authorities at the place of residence of the minor, and in the event of an appeal of such a decision, with the court.

The procedure for issuing permission to marry minors is determined by the relevant regional laws of local governments. In accordance with them, such permits are issued by the heads of administrations of cities, districts, districts in cities, etc. by way of exclusive legal authority. Issues regarding marriage of minors cannot be resolved by other regional authorities.

An application for permission to marry a minor is submitted by him personally, along with documents confirming the existence of special circumstances, at the place of state registration of the marriage to the administration of the city or district.

In accordance with the current regional legislation, when filing an application for marriage by a minor, the permission of his parents (persons replacing them) or a representative of the guardianship and trusteeship authority may also be required.

Each permit from local authorities to marry a minor is issued on an individual basis and is considered separately. In other words, local government bodies cannot allow (prohibit) by the relevant legislative act all minors in the region under their control to marry at once.

State registration of a marriage in which one (both) of the spouses is a minor is carried out in the manner prescribed by the federal law “On Civil Status Acts”, on the basis of a permit issued to persons wishing to get married by local government bodies.

The refusal of local government bodies to marry minors or the refusal to register such a marriage with the civil registry office can be appealed in court by the persons wishing to get married, or by their parents (persons replacing them) or by a representative of the guardianship and trusteeship authority on a general basis .

Confession invalid marriage with a minor

A marriage entered into with a minor may be declared invalid by a court in the same manner, on the same grounds and with the same consequences as a marriage with an adult.

The minor spouse himself, his parents (persons replacing them), a representative of the guardianship and trusteeship authority or a prosecutor have the right to demand recognition of such a marriage as invalid if the marriage was concluded with a person under marriageable age, in the absence of permission to marry this person before he reaches marriage age. coming of age. After a minor spouse reaches the age of 18, only this spouse has the right to demand that the marriage be declared invalid.

If a marriage with a minor spouse is declared invalid and the latter, by a court decision, loses the full legal capacity acquired by him with the marriage, the issue of re-marriage with this person before he reaches the age of 18 years must be considered by local government bodies, regardless of the earlier decision and the circumstances of such a decision.

I hope I answered completely

Hello!

Reaching marriageable age is one of the main conditions for marriage.
Article 13 of the Family Code of the Russian Federation establishes a single marriage age for men and women of 18 years. Along with this, the possibility of marriage is provided from the age of 16 if there are valid reasons. Any situation that justifies a decision to lower the marriageable age can be recognized as such. These, without a doubt, should include the bride’s pregnancy, the birth of her child, the actual marital relationship, and others.
To obtain permission, the law establishes special conditions: the birth of a child, pregnancy (over 12 weeks), and an immediate threat to the life of one of the parties.
The Family Code does not define who specifically can apply to lower the marriageable age. This right, of course, is vested in minors themselves who wish to register a marriage. In addition, the legal representatives of a minor (their parents, adoptive parents or guardians) have this right.

Thus, in your case, a valid reason that you can indicate will be the actual marital relationship.

A marriage license for a minor aged 16 to 18 years is issued only by the local government body (district or city guardianship department) at the place of registration of the marriage. Decisions of other bodies or officials on lowering the age of marriageable majority have no legal force and are not the basis for registering the marriage of a minor.
To resolve the issue of lowering the age of marriage, the consent of the minor’s parents is not required. Their consent or, conversely, objection to registering the marriage of their minor son or daughter is not decisive for resolving this issue. The refusal of a local government body to issue a marriage license can be appealed in court.
Minors in respect of whom a local government body has made a decision to lower the age of marriage have the right not to take advantage of the right granted to them and at any time before registering a marriage to refuse to register it.
Marriage registration of persons whose marriageable age has been reduced in accordance with the procedure established by law is carried out on a general basis.

Contact the guardianship and trusteeship authorities together with your parents - I think that you will not encounter any obstacles.

If you need more detailed advice or assistance in drawing up documents, please contact, I’ll be happy to help. NI hope I was able to help you, if you are satisfied with the answer, please leave a review.

There are situations when newlyweds have not yet reached the age of majority, but already want to formalize their relationship. Then it is necessary to obtain the consent of the local administration and implement the plan.

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:

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 adolescence 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.

Basic Concepts

This legal relationship is regulated by the Family and Civil Codes RF. 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.

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 joint child, then you should show his birth certificate.

If there are no good reasons

The federal law does not establish a list of valid reasons when minor citizens can conclude marriage union. The last word remains with the local administration of the city or district. By their decision, the 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 detailed description 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 old, 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!

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 judicial procedure. 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 necessary documents and obtain a permit.