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Marriage Ban Under 18 and End of Marriage Between Cousins to Take Effect From August 2025

Ab August 2025 sollen Ehen unter 18 Jahren und bis zu einem gewissen Verwandtschaftsgrad verboten sein.
Ab August 2025 sollen Ehen unter 18 Jahren und bis zu einem gewissen Verwandtschaftsgrad verboten sein. ©Canva (Sujet)
The federal government is advancing the long-planned ban on marriage under the age of 18 and the ban on marriages between cousins. A corresponding government proposal will be submitted to parliament, and the decision by the National Council is expected to take place before the summer. This ban is intended to come into effect in August 2025, according to the plans of the turquoise-red-pink government, as explained by Justice Minister Anna Sporrer (SPÖ) at the "doorstep" before the Council of Ministers meeting on Wednesday.

The aim is for people between the ages of 16 and 18 to focus primarily on school and vocational training and not to prematurely enter into commitments associated with marriage, said Sporrer. Teenage pregnancies, which are often a reason for young women to marry men, should no longer be a reason for marriage. It often does not necessarily involve a partner where the partnership is already established, she said.

No more exceptions for marriage under 18 in the future

They also want to prevent people from committing too early: "The earlier a marriage is entered into, the more it is associated with pressure and coercion," Sporrer also referred to family pressure in such cases.

According to the plans, only those who have reached the age of 18 will be allowed to marry in the future. The same applies to registered partnerships. Currently, marriage is also generally only allowed from the age of 18. However, persons aged 16 and over may marry if a court declares them capable of marriage upon their request. The court must do so (without substantive examination) if the future spouse is already of legal age and the minor appears mature for marriage; the consent of the legal representative is required for this. If consent is refused, the court can replace it if there are no justified reasons for the refusal. These exceptions will now be abolished.

Marriage ban also for relatives up to the fourth degree of collateral line

A marriage ban is to apply in the future for connections between relatives up to the fourth degree of collateral line. This means that marriage between cousins or between niece and uncle will no longer be possible. It will also be possible for the public prosecutor's office to sue for the annulment of a marriage or registered partnership in the future if there is a lack of marriageability. The last government of ÖVP and Greens had already agreed on an almost identical draft law - but the project was not implemented.

Sporrer's office also pointed out in a press release that, according to UNICEF, a child marriage is a formal marriage in which at least one of the partners is under 18 years old. In Austria, child marriages are still permissible under the current legal situation. With the new general marriageability starting at 18 years, the rights of young people are strengthened, and it also corresponds to the global goal of ending child marriages by 2030.

Furthermore, Sporrer's office stated that forced marriage is a criminal offense in Austria (even now, note). However, where coercion begins is sometimes difficult to recognize in practice or is often only perceived as such by those affected in retrospect. With the new regulation, coercive situations in this area for minors will be fundamentally excluded.

"Very Decisive Step" Against Child Marriages

Family Minister Claudia Plakolm (ÖVP) added that it is a "very decisive step" to generally prevent child marriages. It is also important to prevent Sharia marriages that were decided abroad, she pointed out, noting that such traditions are "customary in some Muslim countries."

NEOS club chairman Yannick Shetty said that the ban on child marriage, according to estimates, affects only a few dozen to a few hundred young people in Austria. "But for them, it means 'everything':" It is about the restriction of freedom and a "massive intervention" when such a step is taken at the age of 16. "We believe that a 16-year-old girl belongs in school and not in front of the registry office."

Low Number of Marriages Under 18 Years

Sporrer had already announced the step on Sunday. When asked whether it was more of a symbolic ban given only ten cases in 2023, Sporrer said over the weekend that bans apply "in general." "Society should simply know that this is our stance."

The Greens claimed the proposal for marriage from 18 for themselves. The previous black-green coalition government had already announced an agreement on the issue. "A law was already ready last autumn, but the People's Party probably wanted to delay a decision for tactical reasons," said former Justice Minister Alma Zadić (Greens). Raising the marriage age is "a central step - and internationally long standard," added the Green children's and youth spokesperson Barbara Neßler in a statement.

According to Statistics Austria, the number of marriages where at least one partner is under 18 is sharply declining and now almost negligible. In 2015, just under 50 cases were registered, then the number fluctuated between 20 and 35 until 2019. In the Corona year 2020, only eleven cases were recorded, in 2021 there was a slight increase to just under 30. In 2022, 14 marriages with a partner under 18 were concluded, ten in 2023, and six in 2024.

(APA/Red.)

This article has been automatically translated, read the original article here.

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