Legislation | Understanding Forced Marriage

Introduction and Context

Forced marriage occurs when an individual is pressured or coerced into a marriage without their free and full consent. Coercion may be physical, emotional, psychological, financial or directed at third parties. The Forced Marriage (Civil Protection) Act 2007 introduced legal protections through Forced Marriage Protection Orders (FMPOs), later strengthened by the criminalisation of forced marriage in 2014. It is recognised as both a domestic abuse issue and, when a child is involved, a child protection concern. Practitioners must respond in a culturally sensitive, trauma‑informed way.

Difference Between Forced and Arranged Marriage

An arranged marriage may involve family participation in introductions, but the individual retains the right to choose.
A forced marriage removes or invalidates that choice through threats, pressure or abuse.
Key distinctions include:

• Arranged marriage: full, free, informed consent.
• Forced marriage: consent is absent, pressured, or coerced in any form.
• Subtle pressure can be as significant as overt violence.

Characteristics of Honour‑Based Abuse (HBA)

Honour‑based abuse is used to protect or restore family or community “honour”. It often involves collective decision‑making and enforcement. Common characteristics include:

• Behaviour monitored and controlled to avoid perceived “shame”.
• Multiple family members involved rather than a single perpetrator.
• Escalation when an individual acts outside expected norms.
• Forced marriage used as a mechanism to address perceived dishonour.

Warning Signs and Indicators

Indicators can appear across behavioural, physical, emotional and family‑related areas. These may include:

• Behavioural: anxiety, withdrawal, reduced engagement at school or work.
• Physical: unexplained injuries, stress‑related conditions.
• Family or social: restricted movement, high levels of control, always accompanied to appointments.
• HBA‑specific: surveillance by relatives, intense concern about family reputation.

While these indicators do not confirm a forced marriage, they should prompt careful, private enquiry and safeguarding action.

Responding to Cases of Forced Marriage

The practitioner’s first priority is the person’s safety and confidentiality. Effective responses include:

• Speaking with the individual alone, in a safe space.
• Using independent interpreters, never family members.
• Recording factual information clearly.
• Following local safeguarding pathways and making referrals as necessary.
• Consulting the Forced Marriage Unit (FMU) for specialist advice.

Practitioners must not attempt family mediation or share concerns with relatives, as this significantly increases risk.

Forced Marriage Protection Orders (FMPOs)

FMPOs are flexible civil orders designed to protect individuals at risk. They can:

• Prevent a marriage from taking place.
• Restrict travel or removal from the UK.
• Limit contact with perpetrators.
• Require surrender of passports or disclosure of whereabouts.

Applications may be made by victims, local authorities, or others acting on their behalf. Breaching an FMPO is a criminal offence. Practitioners should consider an FMPO where there is credible risk, escalating pressure or imminent travel plans.

Marriage and Consent of Children
Under the Marriage and Civil Partnership (Minimum Age) Act 2022, it is now unlawful for any person under the age of 18 to marry or enter a civil partnership in England and Wales, regardless of parental consent, cultural practice or religious belief. Children can no longer legally consent to marriage.

Any attempt to arrange, facilitate or coerce a marriage involving a child constitutes a safeguarding concern and may amount to a criminal offence. Practitioners should treat all cases involving under‑18s and marriage as child protection matters, requiring immediate safeguarding action.

Resources for Practitioners, Victims and Survivors

Key sources of support include:

·        Forced Marriage Unit (FMU): provides guidance, safety planning, casework support (including overseas cases).

·        Legislation and statutory guidance: Forced Marriage (Civil Protection) Act 2007 and multi‑agency safeguarding guidance. Full legislation: Forced Marriage (Civil Protection) Act 2007

·        Local safeguarding arrangements: children’s and adult safeguarding teams.

·        Specialist support services: domestic abuse services and culturally specific organisations.

·        Forced Marriage Unit – guidance, support & training

·        Parliamentary Research Briefing: Forced Marriage (background, law changes, FMPOs)

·        Summary of FMPO powers and criminal offences