Forced Marriage – The Current Position

The Forced Marriage (Civil Protection) Act came into force on 25 November 2008, with specialist courts being created to deal with the cases arising.

The key concept is that a forced marriage is one in which one of the parties is forced into the marriage without their full and free consent.

The Act gives the courts the right to prevent a forced marriage occurring and to stop attempts by a person to coerce another person into a marriage.

Where the marriage has already taken place, the court is able to make an order to protect the victim if necessary. The Act does not allow the court to annul the marriage, nor does it make forced marriage a criminal offence.

The court can make a Forced Marriage Protection Order (FMPO) and has several powers, such as requiring the surrender of a person's passport or that they reveal the location of missing persons. A power of arrest is available when an actual threat of physical violence has been made. Failure to comply with a FMPO constitutes contempt of court, an offence which can lead to imprisonment. A FMPO can be applied for by anyone who believes they are at risk of being forced to marry or, with the leave of the court, by an interested third party. In addition a 'Relevant Third Party' (RTP) can apply. A RTP is a person appointed by the Lord Chancellor who acts in a way similar to the Official Solicitor and who is empowered to make an application on behalf of the victim. As yet, exactly how the role of the RTP will work in practice is unclear.

The Government has announced its intention to abolish forced marriage and if the new legislation fails to prove effective, there is little doubt that the law will be amended.

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