Every person should have the right to choose whether they wish to marry and who they wish to marry. Unfortunately, this isn’t a reality for some people. Some people find this right taken away from them through forced marriage.
It’s important that you know what your rights are around marriage and forced marriage. That’s where our expert team can help you.
Get in touch with us to find out more
What is forced marriage?
A forced marriage is a marriage that takes place without the full and free consent of both parties. This means that either party cannot give valid consent, free from duress.
Forced marriage also includes taking someone overseas to force them to marry or marrying someone who lacks the mental capacity to consent to the marriage.
The use of force is not restricted to direct threats of violence. Force can include coercion by threats or other psychological means.
Protections against forced marriage
Under the Family Law Act 1996, the Court can make a forced marriage protection order. This order can be used to protect the person who has been, or is being, forced into marriage against their will. It works by imposing restrictions, such as surrendering a passport which can prevent someone from being taken abroad or ensuring that a person’s location is revealed.
If a Forced Marriage Order is made, it is a criminal offence to breach it. As such, it is possible to report to the Police or revert the matter back to Court for contempt of Court.
If you feel you are at risk of a forced marriage, or are currently in one, you can apply for a forced marriage protection order yourself. Similarly, if you are concerned about someone, you can also apply if you are one of the following:
- A friend or relative,
- A voluntary worker or a professional who’s been asked for help,
- Any other person with permission of the Court
If the application is made by the victim of forced marriage, or a relevant third party, permission of the Court is not required. Any relevant third party can include organizations such as the Police or the Local Authority. However, any other party can turn to the Court to obtain permission to make an application for a Forced Marriage Protection Order.
You will need to attend Court and a statement will need to be provided. Our team can support you every step of the way through proceedings.
Helping you every step of the way
You can get Legal Aid if you are financially eligible. Our team has great experience in dealing with Legal Aid matters and we will be happy to assess your eligibility for Legal Aid.
Speed and sensitivity is vital when dealing with any case, especially forced marriage. Our team will work with you to ensure you feel completely supported and any worries or concerns are addressed.