The legal age of marriage in Japan is 20 years old for both men and women under the Civil Code. However, there are some exceptions that allow those under 20 to marry with parental consent and other requirements.
Legal Age of Marriage
The legal age of marriage in Japan is 20 years old for both males and females as stipulated in Article 731 of the Civil Code. This states that “A man who has not reached 18 years of age and a woman who has not reached 16 years of age may not enter into marriage.”
Additionally, Article 737 of the Civil Code states that “A minor may obtain the consent of his/her legal representative to marry only if he/she has reached 18 years of age.”
Therefore, the legal age of marriage in Japan is 20 years old for both genders. Persons under the age of 20 are considered minors and cannot legally marry without fulfilling additional requirements.
Historical Context
Prior to the current Civil Code enacted in 1898, the legal age of marriage in Japan was 15 for girls and 17 for boys under the Meiji Civil Code of 1890. The rationale at the time was that females matured physically earlier than males.
The legal age was raised to 16 for girls and 18 for boys in 1898 under the new Civil Code. Then in 1922 it was changed to 17 for girls and 20 for boys. Finally, in 1947 during the Allied Occupation after World War 2, the legal age of marriage was made 20 for both genders.
Exceptions to Allow Marriage Under 20
There are a few exceptions that allow those under 20 years of age to legally marry in Japan:
- Parental consent – Minors aged 18-19 can marry with parental consent
- Family court approval – Minors aged 16-17 can marry with family court approval
- Pregnancy – Minors can marry if female is pregnant
Parental Consent for 18-19 Year Olds
Under Article 737 of the Civil Code, individuals aged 18 or 19 can marry with the consent of their parents or legal guardian. This requires consent from both parents if they are both alive.
If one parent is unknown, dead, or lacks the legal capacity to give consent, then consent from just one parent is sufficient. The consent must be given expressly and lodged with the relevant municipal authority.
Family Court Approval for 16-17 Year Olds
Minors aged 16 or 17 can marry in Japan with approval from the family court under Article 737 of the Civil Code.
The minor and intended spouse must petition the family court. The court will then consider if marriage is appropriate based on the minor’s mental and physical development, reason for marriage, financial ability to create a home, and other relevant circumstances.
If approved, the family court will stand in place of the parents or legal guardian for consent to the marriage.
Pregnancy Exception
Under Article 733 of the Civil Code, the legal age requirements can be waived if the female is pregnant. This exception allows pregnant minors to legally marry the baby’s father.
The couple must gain consent from the female minor’s parents or guardian. If consent is not obtained, the couple can petition the family court directly for approval of the marriage.
Statistics on Teenage and Early Marriage
Despite the legal age of marriage being 20 years old, teenage marriages do still occur in Japan.
According to government data, the numbers of marriages where one or both spouses are under 20 are:
| Year | Marriages with under 20 spouse |
|---|---|
| 2010 | 4,002 |
| 2015 | 3,964 |
| 2020 | 1,325 |
The numbers have declined significantly over the past decade. But there are still over a thousand teenage marriages annually using the exceptions for parental consent, court approval, or pregnancy.
Marriage of 16-17 Year Olds
Looking specifically at marriages involving 16-17 year olds:
| Year | Marriages with 16-17 year old |
|---|---|
| 2010 | 330 |
| 2015 | 317 |
| 2020 | 137 |
Again the numbers have declined, but over 100 marriages still occur annually involving 16-17 year old teens.
Shotgun Marriages
“Shotgun marriages” refer to marriages caused by an unplanned pregnancy. These likely account for many of the underage marriages using the pregnancy exception to marry before age 20.
Unfortunately detailed statistics on marriages involving pregnant minors are not available. But an estimate can be made based on births within 8 months of marriage:
| Year | Births within 8 months of marriage |
|---|---|
| 2010 | 1,923 |
| 2015 | 1,760 |
| 2020 | 1,189 |
This shows that while declining, there are still over a thousand teen shotgun marriages taking place annually in Japan.
Conclusion
While 20 years old is the standard legal age of marriage in Japan, there are still several thousand marriages occurring each year involving people under 20. Parental consent, court approval, and pregnancy exceptions allow minors to marry in certain circumstances.
The numbers of teenage marriages have declined significantly over the past decade. But Japan still sees over 1,000 married couples involving underage spouses annually. Understanding the legal exceptions provides insight into teenage marriage practices in Japan.