What is Forced Marriage?
A forced marriage is a marriage where one or both people do not or cannot consent to the marriage and they are forced by pressure or abuse into that marriage. Where any steps are taken to make someone marry prior to the age of 18, even if those steps are not pressure or abusive, this marriage will also be considered as a forced marriage.
A forced marriage is different from an arranged marriage where the parties to the marriage will have free choice to accept or decline the arrangement.
The pressure or abuse can be wide ranging including physical violence, threats of physical or sexual violence, emotional pressure and financial abuse.
Forced marriage or conspiracy to commit forced marriage is illegal in England and Wales and taking someone overseas to force them to marry or arranging a marriage for someone who lacks capacity to consent to marriage or prior to a persons’ 18th birthday are criminal offences and can result in custodial sentences.
What is Female Genital Mutilation?
Female Genital Mutilation (FGM) is an umbrella term which encapsulates all procedures and injury to the female genitalia for non-medical reasons. FGM and conspiracy to commit FGM is illegal in the UK.
The first conviction for conspiracy to commit FGM and Forced Marriage took place on 9th September 2024 and the perpetrator was sentenced to four and a half years imprisonment.
Forced Marriage and FGM Protection Orders
The court has the power to make a Forced Marriage Protection Order to protect a person from being forced into marriage or an attempt being made to force a person into marriage or to protect a person who has been forced into marriage.
The court is able to make an FGM Protection Order to protect a person who is at risk of FGM or to protect a person against whom FGM has already been committed.
The order made will be specific to the circumstances and can contain such prohibitions, restrictions, requirements or other provisions that the court considers necessary; this can include behaviour outside of England and Wales. Applications can be made alongside police investigations or criminal proceedings as well as ongoing proceedings in the family court.
The court can be asked to make an emergency order without giving notice or any documents to the respondent. If an order is made without notice, there will be a further hearing so that the respondent has an opportunity to present their argument before the Judge decides whether to make another order.
Who Can Apply?
An application can be made by:
- The victim or person who is to be protected by the order;
- The relevant Local Authority; or
- Any other person with the permission of the court (such as friends, partners and relatives).
Special Measures at Court
If you are worried about giving evidence at court, you can request measures are put in place to make sure you are able to give your evidence comfortably and safely. The court can order that screens are put in place in the court room so that witnesses cannot see the respondent in court while they are giving evidence. You may be able to give evidence from a different room in the court via video link (this is called the vulnerable witness suite). In some cases, witnesses may also be able to give their evidence via pre-recorded video.
Breach of a Forced Marriage Protection Order
The breach of a Forced Marriage or FGM Protection Order is a criminal offence which carries a maximum penalty of 5 years imprisonment. If a person breaches a Forced Marriage Protection Order, this can be dealt with in the family court or the criminal court. If the breach is dealt with in the family courts, the court will deal with the breach under their powers in contempt of court which can include a maximum penalty of 2 years’ imprisonment.
Please remember that in applications for Forced Marriage and FGM Protection Orders, you are always entitled to free Legal Aid and Lyons Davidson are able to expertly represent you.
