Among other things, the special permit that allows marriage from the age of 16 with the consent of the parents will be abolished. In addition, marriages between cousins and nieces/nephews with uncles/aunts will be prohibited. For Justice Minister Alma Zadic (Greens), this is a “contribution to the fight against forced marriages”.
The relevant measures were already included in the government programme, but have not yet been implemented. Just last week, the ÖVP and the Greens blamed each other for this.
Currently, marriage is only permitted from the age of 18. However, people aged 16 and over are also allowed to marry if a court declares them capable of marriage upon their application. This must be done (without examining the content) if the future spouse is already of legal age and the minor appears to be mature enough 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 doing so. These exceptions are now being lifted – marriage is now permitted without restrictions from the age of 18.
Internationale Standards
The reason for the deletion is, among other things, a UNICEF call for a worldwide marriage age of 18. “I am pleased about this agreement because by raising the mandatory marriage age to 18, we are protecting young women and young men in Austria and are in line with international human rights standards,” said Zadic in a press release. “The younger people are who marry, the higher the probability that it is not happening voluntarily because children are put under pressure by their parents or other people.”
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The regulations on marriage bans will also be changed. In future, these will also apply between relatives up to and including the fourth degree of the collateral line – for example, marriages between cousins or nieces and uncles will no longer be possible. The same will also apply to registered partnerships.
In cases of marriages between minors or close relatives abroad, courts must examine whether these marriages are to be recognized in Austria. In doing so, both the child’s welfare and the so-called “ordre public clause” must be taken into account. This states that foreign legal provisions are not to be applied if the result is not compatible with the basic values of the Austrian legal system.
