April 7, 2025

Publication of Law no. 39/2025: Marriage Only Allowed to Those Aged 18

Lei n.º 39/2025

On April 1, Law No. 39/2025 was published, which prohibits the marriage of minors and includes child, early, or forced marriage as one of the situations that legitimate intervention to promote the rights and protection of children and young people in danger. The same law promotes changes to the Civil Code, the Civil Registration Code and the Law for the Protection of Children and Young People in Danger.

Until now, those under the age of 16 were barred from entering into marriage, and between 16 and 18 years of age, authorization for marriage could be given by the parents or the guardian. With the present legislative amendment, all those under the age of 18 are now banned from marrying.

Article 1877 of the Civil Code was also amended, now stating that”children are subject to parental responsibilities up to the age of majority”, leaving no mention of emancipation. Emancipation was provided for in articles 132 and 133 of the same law, which have now been repealed.

Henceforth, the possibility of fully governing your person and dispose of your assets occurs only after reaching the age of majority, cf. Article 130 of the Civil Code.

Marriages of those over 16 years of age and under 18 years of age legally performed up to the entry into force of this law, as well as the resulting emancipation of minors, remain valid and, until the majority of both spouses, continue to be governed by the rules now amended or renewed, in accordance with the provisions of the respective transitory rule (Article 6).

Consult the link.

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