Should you get married at 18
Minors in Germany should be protected against premature marriage. In addition, there are now clearer rules for dealing with marriages concluded by minors under foreign law.
The age of so-called marriage is set at 18 years in the interests of the child's best interests. So marriages are only possible if both those willing to marry are of legal age. So far, the family court has been able to exempt minors who have reached the age of 16 from the age requirement of marriage. This possibility does not apply.
New regulations for married minors
A marriage that was concluded between the ages of 16 and 18 in violation of the new age-of-age rule should in future be annulled as a rule by a judicial decision. In special cases of hardship, however, waiver can be waived. This also applies if the underage spouse has come of age in the meantime and confirms the marriage.
If one of the spouses had not yet reached the age of 16 at the time of the marriage, the marriage is automatically ineffective according to the law. It does not need to be repealed in judicial proceedings. These principles also apply if the marriages were effectively concluded under foreign law. There are transitional provisions for old cases.
Practice of youth welfare offices confirmed
According to the law, youth welfare offices must take care of unaccompanied minors, even if they are married. This confirms and strengthens the already widespread practice of youth welfare offices. After the child has been taken into care, the youth welfare office checks which protective measures are required - in particular whether the minor has to be separated from his or her spouse.
Anyone who married as a minor should not have any advantages or disadvantages in terms of asylum or residence law as a result of the ineffectiveness or annulment of the marriage. For this purpose, the law regulates corresponding changes in asylum and residence law.
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