Austria's Top Court Upholds Marriage Age of 18, 30 October
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Austria's Constitutional Court (VfGH) has confirmed that the minimum age for marriage in Austria stays at 18, with no exceptions. The decision was reported on Friday 30 October.
The case began with a couple who married in Serbia. He was 19 and she was 16. After the young woman moved to Austria, the district court in Feldkirch declared the marriage void. The couple appealed and asked the Constitutional Court to review the law. They argued that a ban without exceptions is disproportionate, and that a court could instead decide case by case whether a minor is mature enough to marry.
The court did not agree. It said parliament stayed within its room for decision when it tied the right to marry to adulthood without exception. In 2025 the National Council unanimously abolished the option of having a minor declared fit to marry. According to the court, the rule serves the public interest of protecting minors from marrying too early and of preventing child and forced marriages.
The judges also found that the rule does not violate the right to private and family life or the principle of equality. In their view it only postpones the point at which a marriage can take effect, so the right to marry itself is not damaged. The couple's appeal at the Feldkirch court is still running and has not been decided.
What this means for people in Austria: the age of 18 applies without exception. As this case shows, a marriage concluded abroad with a partner under 18 can be declared void by an Austrian court once the couple lives here. Anyone unsure how the rule applies to a marriage concluded abroad can ask a counselling service or a lawyer before taking steps.
Sources: ORF.at, VOL.AT (APA)
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