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Forced Marriage Solicitors
Experienced in dealing with complicated and sensitive matters.
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Forced Marriage Protection Orders Solicitors
We can assist in getting Forced Marriage Protection Orders to protect those who are in danger of being forced to marry against their will.
If you or someone you know is facing the prospect of a forced marriage, it’s important to seek legal advice as soon as possible as you may need a forced marriage protection order. Forced marriages are a serious issue that can affect people from a range of different backgrounds.
Signature Law can provide expert support and representation in these cases from our forced marriage solicitors, helping you to understand your legal rights and take the necessary steps to protect yourself.
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What is a Forced Marriage?
Sital Somayia
Expert Family Law Solicitor
A forced marriage is a marriage in which one or both of the parties have not freely given their consent. Forced marriages are a violation of human rights and are illegal in England and Wales. If you or someone you know is facing a forced marriage, support is available through a range of organisations, including the Forced Marriage Unit.
The Anti-Social Behaviour, Crime and Policing Act 2014 made it a criminal offence to force one or more people to marry against their will. Despite this, forced marriage is still an issue in England and Wales, which was highlighted in 2016, when the Forced Marriage Unit (FMU) gave advice or support in no less than 1,428 cases.
By definition, a forced marriage is a serious abuse of human rights and includes any by which one or both parties do not (or, in the case of people with learning difficulties or disabilities, cannot) consent to the union, and is coerced into agreeing.
The methods of coercion are recognised in England and Wales as a form of violence and can include:
- Physical violence
- Sexual violence
- Threats
- Emotional or psychological abuse
- Financial abuse
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Forced Marriage Protection Orders
In 2008, Forced Marriage Protection Orders were introduced in England, Wales and Northern Ireland under the Forced Marriage (Civil Protection) Act 2007. The aim of these orders is to protect adults or children who are being forced into marriage or are already trapped in a forced marriage against their will.
If violence has been used or indeed threatened, the court can add a power of arrest to the protection order, which will help to ensure any person who disobeys the order is arrested and prosecuted. Many orders are made without notice, the court may accept an undertaking from those served with orders, an undertaking prohibiting any of the above mentioned abuse does not have a power of arrest. Due to the orders being made without notice the court must give the Respondent (person served with the order) an opportunity to make representations about any order made.
Is forced marriage illegal in England and Wales?
Yes, forced marriage is illegal under the Anti-Social Behaviour, Crime and Policing Act 2014. It is a criminal offence to force someone to marry against their will, and those found guilty can face up to 7 years in prison.
The law also provides protection for those at risk of forced marriage through Forced Marriage Protection Orders.
What should I do if I am being forced into marriage?
If you are being forced into marriage, you should seek help immediately. You can contact the Forced Marriage Unit (FMU) on +44 (0) 20 7008 0151 or email fmu@fco.gov.uk.
Forced marriage is illegal and you have the right to protection and support. The FMU can provide you with advice, support and assistance to prevent the marriage from taking place or to help you leave a forced marriage.
Can I get a forced marriage protection order?
Yes, you can apply for a forced marriage protection order if you are at risk of being forced into a marriage or have already been forced into a marriage. This order can provide protection and prevent others from forcing you into a marriage. You can apply for this order in the family court.
FAQs
What are the signs of a forced marriage?
Signs of a forced marriage include being threatened or coerced into marriage, being taken abroad against your will, having limited contact with family and friends, being closely monitored or controlled, and being forced to marry someone you do not want to. Forced marriage is illegal and can result in imprisonment for up to 7 years.
What is the process for obtaining a forced marriage protection order?
To obtain a forced marriage protection order an application must be made to the Family Court. The applicant must provide evidence of the risk of forced marriage and the order can include provisions to prevent the marriage from taking place, protect the victim from violence or harassment, and require the surrender of passports. The order can be made without the knowledge of the person at risk and can be enforced by the police.
Can I get legal aid for a forced marriage protection order?
Yes, you may be eligible for legal aid to obtain a forced marriage protection order. Legal aid is available for individuals who meet certain financial eligibility criteria and whose case meets the merits test.
What happens if someone breaches a forced marriage protection order?
If someone breaches a forced marriage protection order they can be arrested and prosecuted. The maximum penalty for breaching a forced marriage protection order is five years in prison. The court can also impose fines or community service as a punishment. The victim can also apply for a new or amended order to provide further protection.
Can I get a forced marriage protection order for someone else?
Yes, under UK law, you can apply for a forced marriage protection order on behalf of someone else if you have sufficient interest in their welfare. This could include a family member, friend, or professional such as a social worker or teacher. The order can provide protection and prevent a forced marriage from taking place or provide support for someone who has already been forced into a marriage.