Marriage of minor children
As evidenced by the modern practice of family legal relations, young couples are increasingly making decisions to enter into a marriage before they reach the marriageable age.
According to Art. 22 of the Family Code of Ukraine (SK of Ukraine), the marriageable age for men and women is 18 years. This is the age at which a person is considered an adult, has full legal capacity and, accordingly, can make any decisions according to his conviction.
Such a bar is established by the Law of Ukraine dated May 31, 2012 “On Amendments to the Family Code of Ukraine (regarding an increase in the minimum age for marriage)”. Before the amendments, a woman and a man could get married at the age of 17 and 18, respectively.
As the initiators of such changes explained, 18 is the age of attaining mental, intellectual and physical maturity according to the UN Convention.
However, Art. 23 of the IC of Ukraine, which has also been amended, states that, upon the application of a person who has reached the age of 16, the court may grant the right to marriage if it is found that it is in his interests. At the same time, such relations are strictly regulated by law, which complicates the procedure for concluding a marriage between minors. A court decision in such cases is the only legal basis for such a marriage.
Grounds for marriage between minor parents
The legislation does not contain a clear list of grounds for concluding a marriage between minors, but, as a rule, there are such: pregnancy of a minor, birth of a child, actual cohabitation of a young couple who has not reached the marriageable age.
Based on the norms of the Civil Procedure Code of Ukraine (CPC of Ukraine), an application for granting a person who has reached 16 years of age the right to marriage should be considered by the court in a separate proceeding.
The Plenum of the Supreme Court of Ukraine in Resolution No. 11 “On the practice of the courts ‘application of legislation when considering cases on the right to marriage, divorce, invalidation and division of the spouses’ common property” explains that one or both parents (adoptive parents) of a minor are involved in the case. a person, a guardian, a person with whom the marriage registration is envisaged, as well as other interested persons.
The objection of the parents (guardians) regarding the granting of the right to marriage is not a ground for refusing to satisfy the application, since the main criterion for satisfying the application for the granting of the right to marriage is the establishment by the court of the fact that such a right is in the interests of the applicant.
Consent to register a marriage of minors by court decision
The operative part of the decision must contain the last name, first name and patronymic of the person, the right to marry with whom is granted by the court. Based on this, it is important to understand that the court decision regulates the right to marry only with a specific person based on the circumstances provided by the parties.
If the person applying to the court, or the person with whom the marriage is to be registered, refuses in the future to conclude a marriage or later cohabit in marriage, the spouses decide to divorce, the minor must again apply to the court with an application for the right to marriage, but with a different face. The legislator establishes such rules, since a new marriage may not be in the interests of a minor.
Lawyer’s assistance in the conclusion and dissolution of a marriage between minors
It is worth noting that before writing an application to the court for granting the right to marriage, a rational decision would be to use the advice of a lawyer on the marriage of minors.
The lawyer will tell you how to draw up the document correctly, help to highlight and substantiate the reasons on the basis of which the court will decide in favor of the minor. In addition, a lawyer will advise on what documents need to be submitted to the court to confirm the above reasons.
A lawyer specializing in the marriage of minors will help you determine the jurisdiction for filing an application, provide information about the rights and obligations that minors will have as a result of marriage, as well as the legal consequences of registering a marriage and its dissolution.
In addition, a lawyer for the conclusion of marriage between persons under marriageable age provides support services in court from the beginning of the process to the receipt of a court decision.
If life circumstances have developed in such a way that it is subsequently necessary to dissolve the marriage of minors, in the presence of joint children, the family lawyer will also provide services and legal assistance to resolve the situation.
Contact an experienced lawyer Alexei Nikolayevich Skriabin and he will clarify all issues related to the marriage between minors!
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