
Law School Family law: Validity of marriages: Marriage age in the United States + Sham marriage
The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age (and used to be 21 years of age before 1971) as that is the age of majority, in all states except in Nebraska, where the general marriage age is 19 as that is the age of majority and Mississippi, where the general marriage age is 21 as that is the age of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18.
The minimum marriage age was 12 years for females and 14 years for males under English civil law that applied until 1753. By default, these provisions became the minimum marriage ages in colonial America. English common law inherited from the British remained in force in America unless and until a specific state enacted a law to replace it. In the United States, as in most developed countries, age restrictions have been revised upward so that they were, as at August, 2010, between 15 and 21 years. Until 1971, approximately 80% of states specified an age of 18 for marriage without parental consent for women, and approximately 85% specified an age of 21 for men.
When at least one of the marriage partners is under 18–21 years of age, the marriage is considered underage and requires parental consent and/or judicial authorization. Also, adolescents can marry with "exceptional circumstances”. In many states (but not in Massachusetts), a minor's marriage automatically emancipates the minor, or increases his or her legal rights beyond allowing the minor to consent to certain medical treatments. In all but four states, couples are allowed to marry at a younger age with parental consent and/or with judicial authorization, with the minimum marriage age, when all exemptions are taken into account, ranging from 15 to 17. The states which ban marriage under 18 years old completely are Delaware, New Jersey, Minnesota, and Pennsylvania. In nine other states, a person over 21 years old can not marry a person under 18 years old.
Officers from the UK Border Agency lead away the would-be bride in an operation to prevent a suspected sham marriage.
A sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage.
Definitions of sham marriage vary by jurisdiction but are often related to immigration. The essential point in the varying definitions is whether the couple intend to live in a real marital relationship, to establish a life together. A typical definition by the UK Home Office in 2015:
"A sham marriage or civil partnership is one where the relationship is not genuine but one party hopes to gain an immigration advantage from it. There is no subsisting relationship, dependency, or intent to live as husband and wife or civil partners."
While referred to as a "sham" or "fake" because of its motivation, the union itself is legally valid if it conforms to the formal legal requirements for marriage in the jurisdiction. Arranging or entering into such a marriage to deceive public officials is in itself a violation of the law of some countries, for example the United States.
After a period, couples often divorce if there is no purpose in remaining married.
