Marriageable age
Marriageable age is the minimum legal age of marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriageable age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same.
The 55 parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages have agreed to specify a minimum marriageable age by statute law‚ to override customary, religious, tribal laws and traditions. When the marriageable age under a law of a religious community is lower than that under the law of the land, the state law prevails. However, some religious communities do not accept the supremacy of state law in this respect, which may lead to child marriage or forced marriage.
The 123 parties to the 1956 Supplementary Convention on the Abolition of Slavery have agreed to adopt a prescribed "suitable" minimum age for marriage. In many developing countries, the official age prescriptions stand as mere guidelines. UNICEF, the United Nations children's organization, regards a marriage of a minor, a person below the adult age, as child marriage and a violation of rights.
Until recently, the minimum marriageable age for females was lower in many jurisdictions than for males, on the premise that females mature at an earlier age than males. This law has been viewed by some to be discriminatory, so that in many countries the marriageable age of females has been raised to equal that of males.
History and social attitudes
Classical antiquity
Greece
In Greece females married as young as 14 or 16. In Spartan marriages, females were around 18 and males were around 25.Rome
In the Roman Empire, the Emperor Augustus introduced marriage legislation, the Lex Papia Poppaea, which rewarded marriage and childbearing. The legislation also imposed penalties for both men and women who remained unmarried, or who married but for whatever reason failed to have children. For men it was between the ages of 25 and 60 while for women it was between ages 20 and 50. Women who were Vestal Virgins were selected between the ages of 10 and 13 to serve as priestesses in the temple of goddess Vesta in the Roman Forum for 30 years, after which they could marry.In Roman law the age of marriage was 12 years for females and 14 years for males, and age of betrothal was 7 years for both males and females. The father had the right and duty to seek a good and useful match for his children. To further the interests of their birth families, daughters of the elite would marry into respectable families. If a daughter could prove the proposed husband to be of bad character, she could legitimately refuse the match. Individuals remained under the authority of the pater familias until his death, and the latter had the power to approve or reject marriages for his sons and daughters, but by the late antique period, Roman law permitted women over 25 to marry without parental consent.
Noblewomen were known to marry as young as 12 years of age, whereas women in the lower social classes were more likely to marry slightly further into their teenage years. 43% of Pagan females married at 12–15 years and 42% of Christian females married at 15–18 years.
In late antiquity, most Roman women married in their late teens to early twenties, but noble women married younger than those of the lower classes, as an aristocratic girl was expected to be virgin until her first marriage. In late antiquity, under Roman law, daughters inherited equally from their parents if no will was produced. In addition, Roman law recognized wives' property as legally separate from husbands' property, as did some legal systems in parts of Europe and colonial Latin America.
In 380 C.E., the Emperor Theodosius issued the Edict of Thessalonica, which made Nicene Christianity the official religion of the Roman Empire. The Holy See adapted Roman law into Canon law.
Medieval Europe
After the fall of the Western Roman Empire and the rise of the Holy Roman Empire, manorialism also helped weaken the ties of kinship and thus the power of clans. As early as the 9th century in northwestern France, families that worked on manors were small, consisting of parents and children and occasionally a grandparent. The Roman Catholic Church and State had become allies in erasing the solidarity and thus the political power of the clans; the Roman Catholic Church sought to replace traditional religion, whose vehicle was the kin group, and substitute the authority of the elders of the kin group with that of a religious elder. At the same time, the king's rule was undermined by revolts by the most powerful kin groups, clans or sections, whose conspiracies and murders threatened the power of the state and also the demands by manorial Lords for obedient, compliant workers.As the peasants and serfs lived and worked on farms that they rented from the lord of the manor, they also needed the permission of the lord to marry. Couples therefore had to comply with the lord of the manor and wait until a small farm became available before they could marry and thus produce children. Those who could and did not delay marriage were presumably rewarded by the landlord and those who did not marry were presumably denied that reward. For example, marriageable ages in Medieval England varied depending on economic circumstances, with couples delaying marriage until their early twenties when times were bad, but might marry in their late teens after the Black Death, when there was a severe labour shortage; by appearances, marriage of adolescents was not the norm in England.
In medieval Western Europe, the rise of Catholicism and manorialism had both created incentives to keep families nuclear, and thus the age of marriage increased; the Western Church instituted marriage laws and practices that undermined large kinship groups. The Roman Catholic Church prohibited consanguineous marriages, a marriage pattern that had been a means to maintain clans throughout history. The Roman Catholic Church curtailed arranged marriages in which the bride did not clearly agree to the union.
In the 12th century, the Roman Catholic Church drastically changed legal standards for marital consent by allowing daughters over 12 years old and sons over 14 years old to marry without their parents' approval, which was previously required, even if their marriage was made clandestinely. Parish studies have confirmed that in the late medieval period, females did sometimes marry without their parents' approval in England.
In the 12th century, Canon law jurist Gratian, stated that consent for marriage could not take place before the age of 12 years old for females and 14 years old for males; also, consent for betrothal could not take place before the age of 7 years old for females and males, as that is the age of reason. The Church of England, after breaking away from the Roman Catholic Church, carried with it the same minimum age requirements. Age of consent for marriage of 12 years old for girls and of 14 years old for boys were written into English civil law.
The first recorded age-of-consent law, in England, dates back 800 years. The age of consent law in question has to do with the law of rape and not the law of marriage as sometimes misunderstood. In 1275, in England, as part of the rape law, the Statute of Westminster 1275, made it a misdemeanor to have sex with a "maiden within age", whether with or without her consent. The phrase "within age" was interpreted by jurist Sir Edward Coke as meaning the age of marriage, which at the time was 12 years old. A 1576 law was created with more severe punishments for having sex with a girl for which the age of consent was set at 10 years old. Under English common law the age of consent, as part of the law of rape, was 10 or 12 years old and rape was defined as forceful sexual intercourse with a woman against her will. To convict a man of rape, both force and lack of consent had to be proved, except in the case of a girl who is under the age of consent. Since the age of consent applied in all circumstances, not just in physical assaults, the law also made it impossible for an underage girl to consent to sexual activity. There was one exception: a man's acts with his wife, to which rape law did not apply. Jurist Sir Matthew Hale stated that both rape laws were valid at the same time. In 1875, the Offence Against the Persons Act raised the age to 13 years in England; an act of sexual intercourse with a girl younger than 13 was a felony.
There were some fathers who arranged marriages for a son or a daughter before he or she reached the age of maturity, which is similar to what some fathers in ancient Rome did. Consummation would not take place until the age of maturity. Roman Catholic Canon law defines a marriage as consummated when the "spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh." There are recorded marriages of two- and three-year-olds: in 1564, a three-year-old named John was married to a two-year-old named Jane in the Bishop's Court in Chester, England.
Modern history
The policy of the Roman Catholic Church, and later various protestant churches, of considering clandestine marriages and marriages made without parental consent to be valid was controversial, and in the 16th century both the French monarchy and the Lutheran Church sought to end these practices, with limited success.In most of Northwestern Europe, marriages at very early ages were rare. One thousand marriage certificates from 1619 to 1660 in the Archdiocese of Canterbury show that only one bride was 13 years old, four were 15, twelve were 16, and seventeen were 17 years old; while the other 966 brides were at least 19 years old.
In England and Wales, the Marriage Act 1753 required a marriage to be covered by a licence or the publication of bans. Additionally, the Church of England dictated that both the bride and groom must be at least 21 years of age to marry without the consent of their families. In the certificates, the most common age for the brides is 22 years. For the grooms 24 years was the most common age, with average ages of 24 years for the brides and 27 for the grooms. While European noblewomen often married early, they were a small minority of the population, and the marriage certificates from Canterbury show that even among nobility it was very rare to marry women off at very early ages.
The minimum age requirements of 12 and 14 were eventually written into English civil law. By default, these provisions became the minimum marriageable ages in colonial America. On the average, marriages occurred several years earlier in colonial America than in Europe, and much higher proportions of the population eventually got married. Community-based studies suggest an average age at marriage of about 20 years old for women in the early colonial period and about 26 years old for men. In the late 19th century and throughout the 20th century, U.S. states began to slowly raise the minimum legal age at which individuals were allowed to marry. Age restrictions, as in most developed countries, have been revised upward so that they are now between 15 and 21 years of age.
Before 1929, the Scottish law adopted the Roman law in allowing a girl to marry at twelve years of age and a boy at fourteen, without any requirement for parental consent. However, in practice, marriages in Scotland at such young ages was almost unknown.