The Age of Consent and the Reduction of the age of Consent in Church and Civil Marriages and their Interaction

Abstract

Abstract In order for marriage to be valid, material conditions for marriage should be fulfilled. The form of marriage and material conditions for marriage have changed over the ages. Today marriage can be formed both by a civil and church order. The recognition of church marriage also differs from state to state. Some countries have chosen not to recognise church marriage and some countries have chosen to recognise church marriage. Church marriage is recognised by the state of Lithuania. However, only church marriages which correspond to requirements of material marriage conditions can be included in the public register. Marital age both in church and civil marriage is the same - 18 years. Under special circumstances the age of consent can be reduced. There exist different conditions for the reduction of marital age in church and civil marriage procedure. In church marriage, the bishop must give permission to reduce marital age, and in civil marriage only the court can reduce marital age. The authors of the article recommend obtaining court permission to reduce marital age even though performing the church marriage, because, otherwise, the church marriage will not be included into the public register by the state. As marital age and reduction of marital age differ from country to country, the authors also analyse when marriages concluded abroad shall be recognized if they do not satisfy the requirement of age.