Forced Marriage UK: Rights, Law and Protection Orders

Every person has the right to choose if, when and whom they marry. Yet for some people, that choice is taken away.

When people think of forced marriage, they often picture someone being physically forced into a wedding. In reality, pressure is often emotional, psychological or financial, making it harder to recognise.

The key legal question is not whether someone eventually said 'yes', but whether they were free to make that decision.

Forced Marriage vs Arranged Marriage in the UK

Arranged marriages are lawful in the UK where both individuals freely consent.

Forced marriage is where consent is missing. A “yes” obtained under pressure is not treated as true consent. Many people do not realise they are experiencing a forced marriage because the pressure comes from those closest to them.

Since 27 February 2023, it has been a criminal offence to cause a child under 18 to marry, even where no coercion, pressure or abuse can be shown. This applies even where family members believe they are acting in the child's best interests.

Is Forced Marriage Illegal in the UK?

Yes. Forced marriage is a criminal offence in England and Wales.

Under the Anti-social Behaviour, Crime and Policing Act 2014, it is illegal to force someone into marriage, including taking them abroad for that purpose.

Individuals often seek advice before a marriage takes place, allowing legal protections to be put in place at an early stage.

Forced Marriage Protection Orders (FMPOs)

The Family Court can make a Forced Marriage Protection Order (FMPO) to prevent a forced marriage from taking place or to protect someone who has already been forced into a marriage.

FMPOs can be tailored to the circumstances and level of risk in each case.

Depending on the circumstances, the Court can:

·       prevent someone from being taken abroad;

·       require passports or travel documents to be surrendered;

·       prevent threats, intimidation or harassment; and

·       stop arrangements being made for a marriage.

If someone breaches an FMPO, it is a criminal offence with a maximum sentence of 5 years’ imprisonment.

Applications for FMPOs can be made urgently and, in some cases, the court can act without notifying the other party first where there is an immediate risk.

Legal aid is available for applications for FMPOs and committals for breaching an order. Our solicitors can advise on eligibility for legal aid and accessing available funding.

Will My Family Know if I Speak to a Solicitor?

Speaking to a solicitor is confidential. Seeking advice does not mean court proceedings will automatically begin. It simply allows you to understand your legal position and options.

Do I Need Proof Before Getting Legal Advice?

No.

Many people are unsure whether their situation is serious enough to seek advice. You do not need proof or certainty before speaking to a solicitor. The law is designed to protect individuals before a forced marriage takes place, not only after.

Support and Next Steps

Nobody should be forced into marriage. Legal protection is available, and early advice can make a significant difference.

At MSB, our family team provides confidential advice on forced marriage, FMPOs and the legal protections that may be available to you.

To speak to our team in confidence, Call 0331 630 1144, email familylaw@msbsolicitors.co.uk or complete our enquiry form.