As of April 2022, the marriage Minimum Age Bill has changed the minimum age for consenting to a marriage or civil partnership from the age of 16 to 18 years old. Previously anyone in the UK could marry at the ages of 16 and 17 if they had parental consent. The aim of the Bill is to prevent or in the least reduce the number of forced marriages that occur within the UK, especially those that occur at a very young age.
What is a Forced Marriage?
A forced marriage is very different from an arranged marriage. An arranged marriage is when two parties, usually the parents or guardians, arrange the marriage of two people. The people who are marrying have fully consented and are in agreement to the nuptials because they are happy to have found them a match.
Forced marriages on the other hand is a different situation that involves at least one of the parties in the marriage feeling as though they cannot deny the marriage from taking place. This could be due to a multitude of reasons, commonly because of mounting emotional, physical or financial pressure and even being disowned by their family. These marriages will take place to benefit others rather than the young children being forced into them.
What Impact Will This Have?
Any marriage that takes place between people under the age of 18 will not be considered legally binding, even if these underaged marriages happen abroad where it is legal. It is also now an offence for anyone to perform the marriage ceremony of any parties under the age 18. They can be prosecuted for doing so with up to 7 years in prison as well as a fine.
A good aspect about the new Bill is that it sets out to punish the people who have forced the marriage rather than the young people coerced into it. If a child is forced into marriage, it usually signifies the experiences of what is to become of the marriage. This will reduce the number of children experiencing the same physical and emotional violence that the child experienced before entering the marriage.
Suspecting Forced Marriages
If you believe that a friend or family member may be subjected to a forced marriage it is important to try and convince them to seek legal advice. Here at Maria Fogg we specialise in family law with years of experience.
At the least you can contact agencies such as the NSPCC who can help children out of abusive situations including forced marriages.
