Forced marriage is illegal in England and Wales. This includes: taking someone overseas to force them to marry (whether or not the forced marriage takes place) marrying someone who lacks the mental capacity to consent to the marriage (whether they're pressured to or not).
What does the law say about it?
The Forced Marriage (Civil Protection) Act 2007 enables courts to prevent forced marriages and order those responsible for forcing another into marriage to change their behaviour or face jail. It also provides recourse for those already forced into marriage.
The court can make a Forced Marriage Protection Order (FMPO) under the Family Law Act 1996 (as amended by the Forced Marriage (Civil Protection) Act 2007). An FMPO protects a person from any attempt to be forced into marriage, being forced into a marriage and those who have been forced into a marriage. The order can also demand that perpetrators stop any intimidation, reveal the victim's location and hand over passports ,otherwise they could face imprisonment. Breach of a FMPO carries a maximum penalty of five years.
Under the Act, a Forced Marriage Protection Order will contain terms that are designed to protect the victim in their particular circumstances. Failure to comply with an order could lead to imprisonment.
Examples of the types of orders the court may make to prevent a forced marriage from occurring are: to hand over passports; to stop intimidation and violence; to reveal the whereabouts of a person, and; to stop someone from being taken abroad.
The Act is the result of collaboration between the Home Office and Foreign Office to form a joint 'Forced Marriage Unit'.
The Forced Marriage Unit
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Contact the Forced Marriage Unit (FMU) if you’re trying to stop a forced marriage or you need help leaving a marriage you’ve been forced into.
Forced Marriage Unitfmu@fcdo.gov.uk
Telephone: 020 7008 0151From overseas: +44 (0)20 7008 0151
Monday to Friday, 9am to 5pm Out of hours: 020 7008 5000 Find out about call charges
Monday to Friday, 9am to 5pm Out of hours: 020 7008 5000 Find out about call charges
Call 999 in an emergency.
A criminal act
The current legislation is civil, rather than criminal. This means that forcing someone to marry is not a criminal offence.
To protect victims, the Forced Marriage Act uses civil solutions which avoid criminalising members of their family.
But if a forced marriage protection order (FMPO) is contravened, perpetrators could be jailed for up to two years.
Some say that the law does not go far enough and that forcing anyone to marry should be illegal and therefore a crime.
Those who support the criminalisation of forced marriages argue that it would be a powerful deterrent and send out a strong message that coercing people to marry is wrong.
They also point out that if littering is a criminal offence, then unconsented unions should also be illegal.
The Anti-social Behaviour, Crime and Policing Act 2014, under Section 121, made it a criminal offence in England, Wales and Scotland to force someone to marry. This includes: taking someone overseas to force them to marry (whether or not the forced marriage takes place); or marrying someone who lacks the mental capacity to consent to the marriage (whether they are pressured to or not). The offence carries a maximum penalty of seven years imprisonment.
What is forced marriage?
You have the right to choose who you marry, when you marry or if you marry at all.
Forced marriage is when you face physical pressure to marry (for example, threats, physical violence or sexual violence) or emotional and psychological pressure (eg if you’re made to feel like you’re bringing shame on your family).
What are the key motives associated with Forced Marriage
The key motives associated with Forced Marriage include:
- Controlling unwanted behaviour (from those being forced to marry) such as, alcohol and drug use, wearing make-up or behaving in, what is perceived to be, a westernised manner; unwanted sexuality (including perceived promiscuity, or being lesbian, gay, bisexual or transgender) - particularly the behaviour and sexuality of women.
- Preventing ‘unsuitable’ relationships, e.g. outside the ethnic, cultural, religious or ‘caste’ group.
- Protecting perceived cultural ideals. Protecting perceived religious ideals which are misguided Protecting ‘family honour’ or ‘izzat’.
- Responding to peer group or family pressure, attempting to strengthen family links. Long-standing family commitments.
- Achieving financial gain, ensuring land, property and wealth remain within the family. Assisting claims for UK residence and citizenship.
- Ensuring care for a child or adult with special needs when parents or existing carers are unable to fulfil that role.
What are potential warning signs or indicators of Forced Marriage
The potential warning signs or indicators of Forced Marriage include:
- Education: absence, request for extended leave, home education; failure to return from visit to country of origin; surveillance by family; deterioration in behaviour, achievement or punctuality.
- Health: self-harm; attempted suicide; eating disorders; depression; female genital mutilation; pregnancy, being accompanied to doctors appointments.
- Police involvement: other siblings reported missing; domestic violence; threats or attempts to kill or harm.
- Family history: siblings forced to marry or married young; self-harm or suicide of sibling(s); death of a parent; missing and running away from home; unreasonable restrictions (physical and financial).
- Employment – poor performance or attendance; inflexible working arrangements; not allowed to work, accompanied to and from work.
Force marriage offences
Forced marriage is illegal in England and Wales. This includes:
- taking someone overseas to force them to marry (whether or not the forced marriage takes place)
- marrying someone who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not)
Forcing someone to marry can result in a sentence of up to 7 years in prison.
Table 4: Number of cases the Forced Marriage Unit gave advice or support to, by nationality, 2021
Forced Marriages
In 2021, the Forced Marriage Unit (FMU) gave advice and support in 337 cases related to a possible forced marriage and/or possible female genital mutilation (FGM). It also responded to 868 general enquiries.
A case in which advice and support is given (‘advice and support cases’) is one where the FMU is provided with details of a specific individual at risk of, or affected by, forced marriage (or FGM), and actively provides advice and support for as long as required.
Statistics
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The change in recording practices was in place throughout 2021. As such, some of the cases which would previously have been recorded as advice and support cases have now been recorded as general enquiries (and therefore feature in the figure of 868 rather than 337). This is likely to be the principal factor in the fall in the number of advice and support cases from 759 in 2020 to 337 in 2021, and the increase in the number of general enquiries received from around 400 in 2020 to 868 in 2021. The effects of the pandemic also persisted during 2021 (for example, restrictions on weddings and overseas travel). As shown above, the total number of cases (advice and support cases, and general enquiries) in 2021 was similar to that in 2020.
The 337 advice and support cases comprised 316 cases solely related to forced marriage, three cases related to both forced marriage and FGM, and 18 cases solely related to FGM. This figure includes contact that was made to the FMU[footnote 1] through the public helpline or by email in relation to a new case. The figures in the rest of this document refer to the 337 cases.
Of the cases that the FMU provided advice or support to in 2021:
- 118 cases (35%) involved victims below 18 years of age
- 120 cases (36%) involved victims aged 18-25
- 53 cases (16%) involved victims with mental capacity concerns
- 251 cases (74%) involved female victims, and 86 cases (26%) involved male victims
Forced marriage is not a problem specific to one country, religion or culture. In recent years, the FMU has handled cases relating to countries across six continents.
In 2021, the FMU handled cases relating to 32 ‘focus countries’, excluding the UK. The ‘focus country’ is the country to which the forced marriage risk relates. This could be the country where the forced marriage (or FGM) is due to take place, the country where it has taken place, and/or the country that the spouse is currently residing in. The ‘focus countries’ (other than the UK) with the highest number of cases in 2021 were:
- Pakistan 159 cases (47%)
- Bangladesh 32 cases (9%)
- Somalia[footnote 2] 10 cases (3%)
- Kenya 8 cases (2%)
- Iraq 7 cases (2%)
- Romania 7 cases (2%)
The majority (72%) of victims were in the UK at the time the case was referred to us.
Of the cases that the FMU provided advice or support to in 2021:
- 80 cases related to a ‘reluctant sponsor[footnote 5]’
- 257 cases related to forced marriages not involving ‘reluctant sponsors’
- 3 cases related to both forced marriage and FGM
- 18 cases related only to FGM
During the lockdown there had been an increase in forced marriages. See the following article by Dr Helen McCabe at:
What should practitioners do?
Practitioners should become familiar with the potential motives and warning signs/indicators associated with Forced Marriage. If there are risks associated with forced marriage, the practitioner should always take the issue seriously and recognise the potential risk of very significant harm to the victim.
Practitioners must not:
- Send the victim away or dismiss the allegation of forced marriage; inform the victim’s family, friends or members of the community that they have sought help;
- Attempt to initiate, encourage or facilitate family counselling, mediation or reconciliation.
- Persuade or send the victim back to their family where the victim has expressly said she /he cannot return.
- Assume there is someone in the family who will protect the victim, even if the victim has indicated there is such a person.
- Assume that it is a ‘cultural issue’.
Where information suggests that a child or young person under the age of 18 is at risk of being forced to marry, practitioners must contact Duty and Advice Team immediately, who in partnership with the Police may undertake a Section 47 Enquiry (safeguarding).
Finally, Southall Black Sister (SBS) led a forced marriage campaign and further information can be found here: https://southallblacksisters.
