A forced marriage is where one or both people do not or cannot consent to marriage, and pressure or abuse is used to force them into marriage. It is also when anything is done to make a person marry before they turn 18, even if there is no pressure or abuse. Forced marriage is illegal in the UK and it classified as a form of domestic abuse and abuse of a person’s human rights.
The purpose of a Forced Marriage Protection Order is to protect an individual who has been, or is being, forced into a marriage. Forced Marriage Protection Orders can contain directions to alter the behaviour of a person who is trying to force another person into a marriage. For example, the order can prohibit a perpetrator from being able to apply for a passport for the victim or remove the victim from the jurisdiction of England and Wales. The order can also prevent a perpetrator from using threats, violence and/or abuse as a way to force the victim into marriage. The order can be made in emergency situations so that immediate and enforceable protection can be put in place.
An application for a Forced Marriage Protection Order can be made by the person who is to be protected by the order, a relevant third party or any other person with permission of the Court. A “relevant third party” is someone who is appointed by the Lord Chancellor to make applications on behalf of others.
A breach of a Forced Marriage Protection Order can be dealt with in both the Family Court and the Criminal Court. Under S.63CA of the Family Law Act 1996, the breach of a Forced Marriage Protection Order is a criminal offence punishable by up to 5 years’ imprisonment and the offence of forcing someone to marry carries a maximum penalty of 7 years’ imprisonment. The offence of contempt of Court carries a maximum penalty of 2 years’ imprisonment under S.63O of the Family Law Act 1996.
Please get in touch with us if you or someone that you know is at risk of being forced into marriage. We have specialist Public and Private Family Law teams available to help you. If you require assistance then please do not hesitate to contact one of our offices and speak with a member of the Family Team.
