The President of the Republic, Marcelo Rebelo de Sousa, promulgated this Monday the decree approved by the Assembly of the Republic that fixes the minimum age for marriage in Portugal in 18 years. So far, the legislation allowed young people from the age of 16 to marry, provided they are authorized by parents or legal tutors.
MAIN LEGAL CHANGES
The diploma approved in Parliament at the end of February includes changes to the Civil Code, the Civil Registry Code, and the Child and Youth Protection Act.
One of the fundamental changes is explicitly classifying child marriage, early or forced as a danger situation, thus justifying the intervention of the authorities to protect children and young people.
Parliamentary vote
This diploma originated in Legislative initiatives of the Left Bloc (BE) and the People-Animal-Nature (PAN) party, having been approved on February 20.
However, the proposal was unanimous, registering votes against the PSD, the liberal initiative (IL) and the CDS-PP.
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Transient norm
The approved text also provides for a transitional rule, clarifying that marriages legally celebrated before the new law enters into force, involving young people between 16 and 18 years old, will remain valid.
These cases remain governed by previous rules until both spouses reach the age of majority.
Protection of children and young people
Regarding the protection of children and young people in danger, the new diploma clearly defines what is meant by “childish, early or forced marriage”: a situation in which someone under 18 lives with another person in a marital relationship, regardless of whether this union has been forced or voluntary, and regardless of the cultural, ethnic or nationality of those involved.
Marcelo Rebelo de Sousa’s promulgation concludes the legislative process, officially altering the conditions for marriage in Portugal.
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