Since 2017, a provision for child marriages, which admits of no exceptions. The cancellation for women can mean a lot of cons, the fears, the Federal court and the law to the constitutional court.
The Federal court of justice (BGH), the legal regulation on the invalidity of child marriages, which were concluded under foreign law, for reason is against the law. The XII’s civil division is therefore presenting a case to the higher regional court of Bamberg, the Federal constitutional court for decision and stayed the proceedings.
the Background is the case of a couple from Syria, the fled in 2015 to Germany. Both are married to Syrian law. The girl was at the wedding but it was only 14 years old.
The case ended up before the court, and went up to the Federal court of justice. However, had changed meanwhile in Germany the legal situation. Since July of 2017, the following applies: marriages concluded abroad, legally, in Germany are ineffective, if one of the spouses is under 16 years of age.
The Federal court of justice (BGH), the regulation on the invalidity of child marriages from the constitutional court.
rule admits of no exceptions to
The Supreme court must apply the new provision. He doubted, however, whether the new scheme is compatible with the basic law. Because the rule allows no exceptions. This is exactly what the specialist had warned people strongly.
declares a marriage null and void, lose the girls affected all of the claims, for example maintenance and property adjustment. Even if children were sired, it can lead to bigger problems.
experts had accordingly recommended that the family courts to decide in individual cases whether a marriage is effective or not. Now, the Federal constitutional court will have to decide whether the automatic nullity of marriage, the stock we have or not.
“Save the Children” criticized child marriage,11.10.2016 draft law against child marriage, 05.04.2017 Atlas |Germany |Berlin
