Countries and associations now have until April 19 to comment on the proposal. Girls who were under 16 when they married should receive maintenance.
“Incompatible with our system of values”
The Karlsruhe judges basically confirmed the ban on child marriages concluded abroad, which has been in effect since 2017, in February 2023. However, they ordered the legislature to create regulations by June 30, 2024 to mitigate the consequences of the ban for those affected. On the one hand, this is about protecting maintenance claims. In addition, couples should be able to continue their marriage effectively under German law if they wish, as soon as both have reached adulthood.
“Marriages of minors are incompatible with our system of values,” said Justice Minister Marco Buschmann. German law must continue to clearly express this belief in the future. There is agreement on this in the German federal government. At the same time, it is important to ensure that the basic rights of those affected are protected.
Marriage can become valid again when you come of age
The draft from the Ministry of Justice now stipulates that marriages concluded abroad will continue to be invalid in Germany if one of the spouses was under 16 years old at the time of the marriage. This should continue to apply even if the marriage of foreign nationals was valid according to the law applicable there. Marriages involving minors who were at least 16 years old at the time of marriage would therefore also be valid under German law, but can be annulled.
A marriage that was declared invalid in Germany because at least one spouse was too young when married should become valid again in the future when the person concerned reaches the age of majority, if this is desired by those affected. To do this, they must then submit a corresponding declaration of intent to the registry office or another suitable state authority.
Buschmann wants to solve the maintenance problem as follows: If only one of the people involved in the marriage was younger than 16 years old, then this person should be able to assert maintenance claims against the older spouse. Anyone who was under 16 years old when they got married should not be required to pay maintenance.
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