Forced marriage

What is a forced marriage?

A forced marriage is one that occurs without the ‘free and full’ consent of one or both parties. This may be because the party cannot consent, due to their age or mental capacity, or because of pressure, coercion or abuse. Forced marriage is recognised as a form of domestic abuse and an abuse of human rights.

The pressure to force someone to marry may be physical, emotional, or psychological. The person forcing the marriage may be the other party to the marriage, or a third party, such as a family member. Whoever forces a person to marry will be committing a criminal offence with a maximum sentence of 7 years’ imprisonment under section 121 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Marriages which are not legally recognised, such as religious or cultural ceremonies which do not satisfy the legal formalities to constitute a valid marriage, can still be recognised as forced marriages.

If your marriage was forced, or you are concerned that either yourself or another person is at risk of forced marriage please contact the police and the Forced Marriage Unit. If you are in immediate danger, please call the police on 999. For legal advice, contact Vardags today for a free initial consultation with one of our expert divorce and family law solicitors.

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underage marriage

Any marriage where either party is under 18 will be automatically considered a forced (and void) marriage, regardless of whether the underage party agrees to it voluntarily and whether there is pressure or abuse. This is a relevantly recent change in the law, following the Marriage and Civil Partnership (Minimum Age) Act 2022, which raised the minimum age of marriage to 18 and came into effect on the 27^th of February 2023.

Previously, a 16- or 17-year-old could get married if they had parental consent and were only considered to be victims of a forced marriage if they were subject to coercion, such as the use of threat or threat of force. The validity of marriages under the previous law is not affected by this change. Any adult who facilitates a marriage where either party is under 18 will be committing the criminal offence of forcing a person to marry.

the difference between a forced marriage and an arranged marriage

Arranged marriages and forced marriages are often confused, but they have significant differences:

• An arranged marriage is one where both parties give their consent to the marriage and enter the marriage willingly. Often, the parties’ families are involved in introducing them to each other and the planning of the marriage, but it is the parties’ decision whether or not to get married. 
• In a forced marriage, one or both parties do not, or cannot, consent to the marriage.

Forced marriage protection orders

If you or someone you know has been forced into a marriage or is facing threats of a forced marriage, you can apply for a forced marriage protection order. This can be sought on an emergency basis, meaning that the order will immediately provide protection without the person you’re making the order against knowing that you have applied for it. In these circumstances, they will not know until the order is made. 

A forced marriage protection order (FMPO) is a type of injunction provided by the family court, preventing someone from doing certain things, such as taking you out of the country, making marriage arrangements, or contacting you. It can also require someone to take positive steps to protect you. An FMPO can be taken out against anyone who is, or has been, involved in organising a forced marriage, whether they are in the UK or abroad. 

It is a criminal offence to breach any provision of an FMPO and if found guilty, the maximum sentence is five years’ imprisonment. 

How the forced marriage unit can help

The Forced Marriage Unit (FMU) is a specialist unit jointly operated by the Foreign, Commonwealth and Development Office (FCDO) and the Home Office. It leads the UK government’s efforts to combat forced marriage through policy development, outreach, and direct casework.

The FMU operates a public helpline to support victims and potential victims of forced marriage, providing:

• Safety advice
• Helping ‘reluctant sponsors’ - those who are being pressured into bringing a spouse to the UK
• Assisting with the repatriation of victims held overseas against their will

You can contact the FMU’s public helpline on +44 (0) 20 7008 0151 or email at [email protected]

What if i’m being forced into a marriage abroad?

If you have been taken abroad and suspect you will be forced into a marriage, you or someone you trust should contact the closest British Consulate, Embassy or High Commission. They will then work with the Forced Marriage Unit to help you and bring you back home as soon as possible. 

getting an annulment

If you married in a religious ceremony only, then you may not need to take legal action to end your marriage. This is because only religious ceremonies following Anglican, Jewish or Quaker rites are automatically recognised in England and Wales. All other religious ceremonies, including Islamic, Hindu or Sikh wedding ceremonies, will not create a legally recognised marriage unless certain legal requirements are met. If your marriage is not legally recognised, you will not need to seek a divorce or annulment as it will not be recognised as legally existing. 

However, if your marriage is legally recognised, you will be able to seek an annulment. As forced marriages are void due to the lack of consent, you can end your marriage through an annulment rather than a divorce. 

A divorce ends a marriage which is legally valid, whereas an annulment ends a marriage by recognising it as null and void. 

Case study: Re SA (Declaration of Non-Recognition of Marriage) (Rev2) [2023] EWCA Civ 1003

This case demonstrates that a marriage may still be considered a forced marriage even where there is no coercion, pressure or abuse, if the party concerned does not have capacity to consent. Here, SA, who had always lived in and was domiciled in the UK, had been taken to Bangladesh to marry NU. SA was found to lack capacity to marry and to engage in sexual relations as she was considered to be ‘significantly intellectually impaired’.

A Forced Marriage Protection Order (FMPO) had been made in relation to SA due to information provided to the local authority, the police and the Forced Marriage Unit, but by then, the marriage had already taken place.

At first instance, the court found that the marriage was a forced marriage due to SA’s lack of capacity and therefore, it was not entitled to recognition in England and Wales. SA’s mother appealed the decision on the basis that the non-recognition of overseas marriages was reserved for ‘exceptional public policy grounds’, which she argued were not present in this case. Her counsel argued that there were no ‘exceptional or egregious features’ such as severe violence or a high degree of suffering caused to SA. The mother’s case was that the marriage was not ‘forced’ in the sense that there had been coercion or other similar behaviours. 

On appeal, the court found that whether a ceremony has created a legally recognised marriage is a matter of public interest, as is the State’s strong opposition to forced marriages. The Court of Appeal held that the marriage was voidable due to SA’s lack of capacity and rejected the appeal on the basis that the first instance judge acted within their power when making a declaration of non-recognition, and that they were entitled to make such a decision as the marriage was sufficiently against public policy. It was emphasised that violence or high suffering is not required for a marriage to be contrary to public policy. 

Read more about the circumstances in which an overseas marriage may not be recognised on public policy grounds here.

Further resources

• Forced marriage: a survivors guidebook
• What is forced marriage?
• Rights of Women: Forced marriage and the law
• My Marriage My Choice Toolkit