In some cases, victims can be exposed to financial abuse, e.g. withholding or confiscating wages and/ or restricting access to money. They can also feel isolated and/or secluded from individuals and removed from education. Often victims are made to feel that if they do not marry or want to leave a forced marriage, they are somewhat bringing shame on the family.

The new minimum age of marriage

Pursuant to the Marriage and Civil Partnership (Minimum Age) Act 2022, the new minimum age of marriage came into effect on 27 February 2023. The Act raises the legal minimum age in England and Wales to 18 and under the new legislation, it is a criminal offence to facilitate a marriage for anyone under the age of 18 in England and Wales.

What is a Forced Marriage?

A forced marriage occurs when one or both individuals do not give true consent to the marriage and pressure, blackmail, coercion, duress or abuse is used to force them into it. A forced marriage can also occur when a person lacks the capacity to provide consent due to disability.

Forced marriage is distinct from an arranged marriage, in which both parties have freely consented. In addition, forced marriage is in breach of Human Rights and cannot be justified on any religious or cultural bias.

How to obtain protection from a Forced Marriage

The Forced Marriage (Civil Protection) Act 2007, which came into force in 2008, introduced Part 4A of the Family Law Act 1996. This enables the Family Court in England and Wales to issue Forced Marriage Protection Orders (FMPOs) to protect and safeguard individuals at risk of being forced into marriage or who have already been subjected to a forced marriage.

The court has broad powers to tailor the terms of the order to the individual’s circumstances.

FMPOs can be made on an urgent basis without notice to the respondent if necessary, allowing immediate protection before the respondents are notified of the application. Courts must consider whether the applicant is at risk of significant harm or being prevented from applying if the order is not made right away Section 63D(2) of the Family Law Act 1996.

How we can help:

We specialise in Forced Marriages and Honour Based Violence. If this issue affects you and you want to discuss your situation in detail, then contact our specialist family law team who will be able to assist and advice you at: FamilyPrivate@hmbsolicitors.co.uk

Serena Sandhu, Director and Specialist Family Solicitor