Lifestyle

Legal Age for Marriage in the U.S. and Japan

Marriage is a legally binding contract between two people that should be entered into thoughtfully and with full disclosure. You can only marry after a certain age. It is important to know the legal age for marriage in your state. Different states have different minimum ages for marriage, with some as low as 14 years old and others as high as 18 years old. Knowing the age of consent in your state is also important. By knowing the legal age for marriage in your state, you can make sure you and your partner are fully aware of the implications of getting married.

With the exception of the state of Nebraska where the marriage age is 18, and Mississippi, where the general marriage age is 21, once can marry when one is 18 years of age in all states, 

Let’s find out what’s the minimum age for marriage in different states of the USA. Also, let’s learn about the minimum age for marriage and also the age of consent in Japan for comparison. 

Alabama

In Alabama, the legal age for marriage is 18. Marriage before the age of 18 is considered statutory rape, and is a felony. There are no exceptions to this law.

Arkansas

In Arkansas, the legal age for marriage is 18. If you are under the age of 18, your parents or guardians can legally consent to your marriage. If you are between the ages of 18 and 21, you must obtain written consent from your parent or guardian before getting married. If you are at least 22 years old, you can marry without parental consent if:

You are legally emancipated (age 21 or older)

You have been living together as a married couple for at least one year.

If either party to the marriage is over the age of 30, there must be a judicial declaration of mutual consent.

Colorado

In Colorado, the legal age for marriage is 18. This means that people aged 18 or older can legally get married in Colorado. There are a few exceptions to this rule, however, if you are 16 or 17 years old and your parents either give their consent or file a written waiver with the court, you can get married without your parents’ permission. Additionally, previously if you were 14 or 15 years old and your parents either gave their consent or file a written waiver with the court, you could get married with their permission.  In 2019, however, this law was amended, and it prohibited marriage to any minors under 16 years of age.

 

Getting married in Colorado requires both parties to appear in person before a judge. The judge will ask you questions about your relationship and decide whether to allow the marriage to proceed. You must also provide proof of your identity and age (for example, a birth certificate). If one of the parties is not legally able to marry (for example, because they are pregnant), that party may need to get a divorce instead.

Florida

In Florida, the legal age for marriage is 18 years old. There are a few exceptions to this rule – including if you are 16 and your parents’ consent to the marriage, or if you are 15 and your parents cannot provide consent because they are deceased.

Georgia

In Georgia, the legal age for marriage is 18. In order to marry in Georgia, both individuals must be at least 18 years old and have not been married before.

Idaho

In Idaho, the legal age for marriage is 18 years old. This age can be raised to 19 if both parties are of legal adulthood. There is no minimum or maximum age requirement for marriage in Idaho.

Kansas

In Kansas, the legal age for marriage is 18. There are no restrictions on who can marry, regardless of age.

Mississippi

In the state of Mississippi, the legal age for marriage is 18 years old. However, in some cases, it is possible to lower the age down to 17 if the child is already a pregnant or has already graduated from high school. In addition, there are also several exceptions to this rule, including if the child is over 15 years of age and one of their parents agrees to give consent.

North Dakota

 To obtain a marriage license, applicants must be 18 years of age, however, there are exceptions to this. In case of applicants under 18, 17 and 16 years of age, they must produce a written consent of either parent or legal guardian.

Oklahoma

In Oklahoma, the legal age for marriage is 18 years old.

South Dakota

In South Dakota, the legal age for marriage is 18 years old.  This is one of the lowest ages in the United States, and it is also lower than the age at which a person can legally consent to intercourse in most other states. 

The legality of marriage at 18 years old is based on a historical exception to South Dakota’s Age of Consent law. Until 1978, the legal age for marriage in South Dakota was 16 years old. The change to 18 years old was made in response to a court case in which a 16-year-old girl married another 16-year-old boy.

The age of consent in South Dakota is 16 years old regardless of whether or not the person is married.  Liability for statutory rape occurs when someone has sexual relations with someone who is below the statutory age of 12 but above 4 years younger than they are (i.e., someone who is 8 years old could be charged with statutory rape if they have sexual relations with someone who is 12 years old). 

 

Legal age for marriage in Japan

In Japan, the legal age for marriage is 18 years old now. Last year the legal age for marriage was changed from 16 to 18 for female whereas the age for marriage for male has always been 18 and there was no change. Japan has been under criticism from other countries as the ages for marriage were different for men and women and also for setting the age of consent so low.  The legal age of consent in Japan is 13 as of now but recently the Japanese lawmakers decided to change the age of consent to 16. 

The article 731 to 737 of the Japanese Civil Code specify the following requirements,

  • Both the male and female partner must be 18 years of age or older.
  • Any individual that’s under 18 years of age can’t get married without a parent’s approval
  • Any two people who are either related by blood, adopted, or related through other marriages are prohibited to get married in Japan.

Having said that, Japanese law requires all foreigners who intend to marry in Japan to first prepare a sworn Affidavit of Competency to Marry, stating they are legally free to marry, either from their own country’s embassy or consulate in Japan.

 

James Vines

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