Legal News

Marriage is a time of good spirits, familial happiness and communal celebration. However, around the world and in the United Kingdom marriage is, for some, a deeply distressing time.

In 2015 the Home Office Forced Marriage Unit (FMU) advised or supported 1,220 cases of possible Forced Marriage. Given the nature of Forced Marriage and the deeply rooted idea of family respect within many communities, it is safe to say that these statistics do not represent the true scale of the problem.

Forced Marriage occurs when one or both parties do not consent to marriage and force or pressure is used to facilitate the ceremony. Pressure used to force people to marry may be physical, emotional, psychological or financial and whilst forced marriage is more prevalent with respect to women it also affects men.

The Government is taking action to combat Forced Marriage and under s121 of the ‘Anti-Social Behaviour, Crime and Policing Act 2014’ it is now a criminal offence to force somebody to get married.

Section 121 of the 2014 Act provides that:

1. A person commits an offence in England and Wales if he or she:

(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into the marriage, and

(b) believes, or ought to reasonably believe, that the conduct may cause the other person to enter into the marriage without free and full consent

1. In relation to a victim who lacks capacity to consent to marriage, the offence under subs.(1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).

2. A person commits an offence under the law of England and Wales if he or she practices any form of deception with the intention of causing another person to leave the United Kingdom, and intends the other person to be subjected to conduct outside the UK that is an offence under subs.(1) or would be an offence under that subsection if the victim were in England and Wales.

Forced marriage protection orders can be sought under section 4A of the Family Law Act 1996, inserted by the Forced Marriage Act 2007.

The 1996 Act makes provision for protecting both children and adults at risk of being forced into marriage and offers protection for those who have already been forced into marriage.

The maximum penalty for the forced marriage offences is 7 years’ imprisonment in a criminal court.

Perpetrators of Forced Marriage are normally close family members including parents, grandparents or uncles and this makes victims often reluctant to report the matter to the Police out of fear that their family members may be prosecuted or imprisoned.

An alternative to criminal proceedings exists, which enables the Family Courts to make a ‘Forced Marriage Protection Order to protect victims from being forced into marriage. The Court also has the power to attach a ‘Power of Arrest’ to the Order in the event that its terms are breached. Such an Order can be sought on an urgent basis without involving the police and the immediate risk of a family member being prosecuted.

Victims of Forced Marriage often want to preserve their family honour and social standing. They often believe it is their religious obligation and feel they have little choice in the matter.

This is wrong, you do have a choice. Do not suffer in silence; this is not a life you need to endure.

If you want further information or assistance please contact Alexander Henderson of Duncan Lewis Solicitors on 01924 664 541 or alexanderh@duncanlewis.com.

About the Author: Alexander Henderson

Alexander Henderson is a Trainee Solicitor at Duncan Lewis Solicitors and often represents victims of domestic abuse and, specifically, Forced Marriage. Alexander has established links with charities that assist victims of Forced Marriage and has successfully obtained protective Orders for his clients.

Alexander is extremely passionate with respect to protecting vulnerable victims from social and religious minorities