Marriage is a legal act subject to strict rules. What legal obstacles can prevent its conclusion, which ones can be overcome and what to do if the marriage is concluded despite the obstacles?
Marriage is a legal act subject to strict rules. What legal obstacles can prevent its conclusion, which ones can be overcome and what to do if the marriage is concluded despite the obstacles?
Marriage is a legal union that can only be entered into by those who meet the conditions laid down by law. The basic requirements concern age, legal capacity and the free expression of the fiancés’ will.
The first condition is age. According to the Civil Code , persons over the age of 18 may enter into marriage. The next condition is legal capacity. The fiancé must not be restricted by the court in this area. However, limited legal capacity does not automatically mean that the marriage cannot be contracted.
Another condition for marriage is that the consent is freely given and without coercion. The law also requires that the betrothed be aware of the legal consequences of the marriage and know the identity of their counterpart.
These conditions ensure that the marriage is based on a conscious, free and responsible decision by both partners, which is crucial for its legal and personal survival. Without their fulfilment, the marriage may be declared void or voidable.
The law defines several obstacles to marriage. We have already outlined some of them above. These obstacles are intended to protect not only the rights of the betrothed, but also public policy and the fundamental principles of family law. However, a closer look reveals that not all obstacles are absolute and immutable. Let us take a closer look at them:
Only persons over the age of 18 can enter into marriage. An exception is made for minors over the age of 16, whom the court may allow to marry for serious reasons, such as pregnancy. The reason for this barrier is to protect immature persons from making rash decisions.
Persons whose legal capacity has been limited by a court cannot marry if the limitation includes the ability to judge the consequences of the action. This condition is to ensure that the marriage is entered into with a full understanding of its legal and personal consequences.
Bigamy is prohibited in the Czech Republic. A person cannot enter into another marriage if the previous union still exists. This rule also applies to registered partnerships and similar legal unions entered into abroad. The purpose is to preserve monogamy as a fundamental principle of family law.
Marriage cannot be contracted by persons in the direct line of descent (e.g. parent and child) or by siblings. The prohibition also applies to persons whose kinship has been established by adoption. The aim is to prevent disruption of family ties and genetic risks.
Marriage is not possible between a guardian and a ward, a foster parent and a ward or a person who has custody of a child. This barrier is limited in time and ceases upon reaching the age of majority. The law thus protects vulnerable persons in these dependent relationships.
Marriage cannot be contracted under duress or fraud. If the will of the betrothed is not free and complete, the marriage may be declared null and void.
The aforementioned impediments ensure that marriage is only between persons capable of freely and responsibly accepting the obligations of the union.
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Hint: Marriage for all is so far just a phrase that political parties argue about fulfilling. At present, same-sex couples are only allowed to have registered partnerships. We have described in our article what the rules are for its conclusion.
Certain legal obstacles to marriage can be removed in certain circumstances if the statutory conditions are met. These exceptions allow marriage to take place even in cases where it would not otherwise be possible.
As we have already mentioned, one of the exceptions is the possibility for a minor over the age of 16 to marry. The court may authorise the marriage if there are serious reasons to do so, such as pregnancy or the birth of a child. However, this decision is always carefully considered to ensure that the minor is not abused or endangered.
Another obstacle that can be overcome is kinship by adoption. If the adoption is annulled by the court, the obstacle ceases to exist and the marriage can be contracted. However, this option does not apply to blood relatives, where the prohibition on marriage remains absolute.
In the case of limited capacity, the barrier may be removed if the court decides that the person is capable of understanding the meaning and consequences of marriage.
Obstacles such as a continuing marriage or civil partnership can be removed by dissolution, for example by divorce.
Tip: Are you planning a wedding and wondering what effect it has when you get engaged first? What are the legal effects of such a vow, what options for marriage are offered by Czech legislation and when exactly does a marriage take place? This is the subject of our separate article.
A marriage contracted despite the existence of a legal impediment can have different legal fates – it can be valid, null and void or even apparent. The decisive factor is the type of obstacle and the court’s procedure.
If the obstacle is not fundamental or if it is “healed” (for example, by the minor spouse reaching the age of majority), the marriage may be considered valid. Such healing ensures legal certainty for the spouses and their children, if any.
However, if there is a serious obstacle, such as bigamy, consanguinity or forced consent, the marriage may be declared null and void by the court. However, until the court’ s decision , the marriage is seen as valid, which means that all rights and obligations between the spouses are created. After the annulment, the legal consequences of the marriage are retroactively revoked.
An apparent marriage differs from the previous situation. It represents a situation where no marriage bond is legally established, even though a marriage ceremony has been performed. Unlike a void marriage, which exists until the court declares it void, an apparent marriage is not recognised from the outset. The law therefore views it as if it had never existed.
The grounds for a sham marriage concern the most serious defects. A typical example is the absence of a free expression of the fiancés’ will – for example, if one of the fiancés was forced to marry by violence or if he or she did not show a clear and genuine intention to enter into the marriage (for example, if it was a joke or a theatrical performance).
Another reason may be a violation of the formalities of the ceremony, for example, if the marriage was not performed before an authorized authority or if the certificate of the registry office was missing in a church marriage.
An apparent marriage does not give rise to any legal consequences. It does not give rise to community of property or rights to maintenance. If property relations need to be resolved, the principles of unjust enrichment apply.
Marriage can only be contracted if the conditions laid down by law, such as the attainment of the age of majority, legal capacity and the free expression of the will of the spouses, are met. Obstacles such as consanguinity, bigamy or lack of age are obstacles, some of which can be overcome in certain circumstances, for example by the court authorising the marriage of a minor over 16 years of age. If a marriage is contracted despite obstacles, it may be valid, void or apparent. An invalid marriage is dissolved by a court decision, while a sham marriage is legally non-existent from the outset and produces no consequences. The legislation ensures that a marriage is established only on the basis of a responsible decision and in compliance with all the requirements.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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