Nuances of granting the right to marry those who are not 18?

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20.06.2023 15:46 497

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Photo of lorina200215 Lorina Fedan

According to the general rule, the marriageable age for men and women is set at eighteen. However, this right can be exercised only with the will of two persons - a woman and a man. At the request of a person who has reached the age of sixteen, by a court decision, he may be granted the right to marry, if it is determined that it is in his interests. The law does not establish a maximum marriageable age.

The application for granting the right to marry must be considered by the court according to the rules of a separate proceeding in accordance with the requirements of Chapter 3, Section IV of the Civil Code of Ukraine. Such a case is subject to jurisdiction at the applicant's place of residence. The court must inform the parents or guardian about the submission of such an application, since they are obliged to protect the child, and therefore must have information about his life intentions. But the objection of the parents or the guardian cannot be a reason for refusing to grant the application.

The list of grounds for obtaining the right to marry under the age of 18:

  • pregnancy;

  • the actual creation of a family;

  • birth of a child.

The list of grounds is not exhaustive.

Documents required for marriage registration:

  1. application for granting the right to marry. In the application for the granting of the right to marry, it is necessary to indicate the surname, first name, patronymic of the person with whom marriage registration is expected, since the granting of the right to marry must correspond to the interests of the applicant, and this can be established only in relation to a specific person. In addition, it is expedient to indicate in the application that there are no circumstances that prevent the conclusion of marriage, which are provided for in Art. 26 of the Criminal Code of Ukraine (blood relationship, adoption); that the bride and groom know about each other's marital status and the presence of children;

  2. birth certificate of the applicant;

  3. a copy of the applicant's passport;

  4. any documents that confirm the grounds for granting the right to marry: a child's birth certificate, a certificate from a medical institution about pregnancy, etc.;

  5. a receipt for the payment of the court fee. The court fee for applications in separate proceedings is 0.2 of the subsistence minimum for able-bodied persons.

20.06.2023 17:19

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