In England and Wales, the legal framework surrounding marriage is founded upon the principle of consent. This means that for a marriage to be lawful, both parties must freely and willingly agree to enter into the union. When consent is absent—whether because of emotional, physical, or psychological pressure—the marriage is no longer seen as a consensual institution but an abuse of human rights. Forced marriage is recognised not just as a social and cultural issue, but as a legal concern with potentially criminal consequences. Over recent decades, the legal system in England and Wales has evolved to provide robust protections and mechanisms for victims and those at risk.
This article explores the legislation, mechanisms of enforcement, and support systems available in England and Wales that aim to prevent forced marriage and safeguard individuals, with a particular focus on how these mechanisms operate within the context of the family law system.
Defining Forced Marriage: A Legal Perspective
The core distinction in cases of marriage lies in whether or not it is consensual. In legal terms, a forced marriage occurs when one or both spouses do not—or cannot due to lack of capacity or undue influence—give full and free consent. It is essential to differentiate forced marriage from arranged marriage. While arranged marriages involve families taking the lead in suggesting or introducing potential partners, the final choice to marry lies with the individuals involved. When the freedom to choose is replaced by coercion, duress, or deceit, this crosses over into the domain of forced marriage.
Coercion in this context can take various forms. Physical violence or threats, emotional blackmail, psychological pressure, economic dependence, and even invoking religious or cultural expectations can all be contributing factors. In some cases, the coercion is subtle, involving manipulation rather than overt threats. The law in England and Wales recognises the multifaceted nature of coercion and treats emotional and psychological pressure with equal seriousness as physical force. Furthermore, forced marriage may also involve individuals with learning difficulties or mental incapacity who may not be able to understand the implications of marriage, rendering any consent invalid in the eyes of the law.
The Legislative Journey Towards Protection
The legal battle against forced marriage in England and Wales has been shaped by increasing public awareness, civil society advocacy, and the testimonies of survivors. Historically, incidents of forced marriage may have been overlooked or minimised, often concealed within the realm of private family matters or dismissed as cultural traditions. However, a growing recognition of the harm caused by such practices led to the development of specific legal tools to intervene, protect potential victims, and prosecute perpetrators.
One of the landmark developments was the introduction of the Forced Marriage (Civil Protection) Act 2007. This Act marked a significant step in granting courts the power to prevent forced marriages from taking place and to offer protection to those who had already been forced into marriage. Under the Act, the court is empowered to issue Forced Marriage Protection Orders (FMPOs), tailored to the particular circumstances of a case, with the aim of protecting the individual and restraining the conduct of those involved in the coercion.
In 2014, legal protections were fortified further by the Anti-social Behaviour, Crime and Policing Act. This legislation made forced marriage a specific criminal offence in England and Wales—transforming what had previously been a civil issue into one that could lead to arrest and prosecution. The criminalisation not only served as a deterrent but also sent a firm message: the state recognises forced marriage as an intolerable violation of personal freedom and dignity.
Forced Marriage Protection Orders: Civil Law in Action
The introduction of Forced Marriage Protection Orders remains one of the most significant civil law remedies available in England and Wales. These orders are issued under the Family Law Act 1996, as amended by the Forced Marriage (Civil Protection) Act 2007. The FMPO is a flexible and powerful legal tool, capable of addressing a wide range of circumstances and forms of coercion.
An application for a FMPO can be made by the person who needs protection, a relevant third party (such as a local authority), or any other person with the court’s permission. This accessibility is a vital aspect of the legal framework, particularly because victims are often young and may feel unable or unwilling to instigate proceedings themselves. Schools, health professionals, social workers, and police officers can also play an instrumental role in identifying risk and initiating protective measures.
One of the defining features of FMPOs is their adaptability. The court can craft an order specific to the dynamics of a particular case: it may prohibit certain individuals from contacting the victim, prevent them from travelling abroad, or require them to surrender passports. The conditions imposed extend to any action that could lead to the victim being forced into a marriage, whether within the UK or overseas.
Importantly, a breach of a FMPO is a criminal offence. This serves both as a deterrent and as a mechanism for enforcement. Following amendments introduced in 2014, it is also possible for breaches to be dealt with as contempt of court, providing dual pathways for redress. By ensuring that protective orders have teeth, the law reinforces its commitment to safeguarding vulnerable individuals.
Criminalising Forced Marriage: Accountability Through the Courts
The criminalisation of forced marriage through the Anti-social Behaviour, Crime and Policing Act 2014 introduced new provisions into the criminal justice landscape. Under section 121 of the Act, it is a criminal offence to force someone into marriage, whether in England and Wales or abroad, if a UK national or resident is involved. This includes using threats, deception, physical violence, or emotional pressure.
The offence carries a maximum penalty of seven years’ imprisonment. Moreover, it is also a crime to deceive someone into leaving the UK with the intention of forcing them to marry overseas. This provision is particularly significant in tackling “marriage holidays,” where families take individuals abroad under false pretences and then subject them to coercion far from the protections available under English and Welsh law.
Criminalising forced marriage was a controversial step, raising concerns that it could deter victims—particularly children—from seeking help, for fear of criminal consequences for their family members. Consequently, the criminal law works in tandem with civil remedies, offering different options for intervention. While some individuals may pursue FMPOs without involving the police, others may prefer the criminal justice route. Each path respects the agency and situation of the individual concerned, providing scope for tailored responses.
While the criminal offence has resulted in relatively few prosecutions to date, its symbolic power and preventive value should not be underestimated. Its existence affirms that forced marriage constitutes a serious crime and allows police and prosecutors to act decisively where appropriate. It also complements broader safeguarding efforts in schools, social services, and community settings.
Protective Mechanisms for Children and Vulnerable Adults
Children and vulnerable adults face distinct risks when it comes to forced marriage. Parents may believe they are acting in the child’s best interests, particularly where cultural or familial expectations prevail. This makes the role of statutory bodies and safeguarding professionals critically important in recognising, reporting, and responding to signs of forced marriage.
When a child is believed to be at risk, professionals can take emergency protective steps. This includes applying for a FMPO or seeking legal remedies under the Children Act 1989, such as a care order or an emergency protection order. Schools and health services have a duty to listen when children express concerns, and to follow safeguarding protocols.
Local authorities play a central role in the multi-agency response to forced marriage. Specialist teams may work in partnership with the police, the Crown Prosecution Service, and voluntary sector organisations to ensure a coordinated approach. For adults who lack capacity to make decisions, the Court of Protection may intervene to protect the individual from being coerced, with important judgments in recent years reinforcing judicial willingness to safeguard liberty and autonomy.
Cross-Border Issues and Jurisdictional Challenges
Forced marriage often has an international dimension. A significant number of cases involve individuals being taken abroad for the purpose of marriage, sometimes without knowing in advance or under false pretences. Once overseas, victims can find themselves in difficult and potentially dangerous situations, far removed from the protective mechanisms of English and Welsh law.
To address these challenges, the courts in England and Wales have increasingly made use of their inherent jurisdiction and wide-ranging orders. Where there is evidence that someone may be taken abroad for the purpose of marriage, courts can order that passports be surrendered, place children under wardship, or prevent airlines from facilitating travel. These preventative steps are crucial in intercepting forced marriages before they occur.
Consular services also play an important role. The Forced Marriage Unit (FMU), a joint initiative between the Home Office and the Foreign, Commonwealth & Development Office, provides support to individuals at risk, both within the UK and overseas. Where necessary, the FMU can help repatriate victims, liaise with foreign governments, and work alongside local authorities and NGOs to coordinate protective interventions.
The Role of Education, Awareness, and Support Services
While laws and court orders are essential tools, they must be supported by wider societal change. Education, awareness campaigns, and community engagement are key components of the strategy to eliminate forced marriage. Frontline professionals—including teachers, social workers, doctors, and police officers—receive training to recognise signs of coercion and respond appropriately.
Specialist support services also play a vital role. Organisations such as Karma Nirvana, Southall Black Sisters, and IKWRO provide advice, advocacy, and refuge for individuals at risk. Their work complements statutory interventions and ensures that victims receive the emotional and practical assistance they need to rebuild their lives.
Importantly, efforts are continually made to avoid stigmatising certain communities or presenting forced marriage as a “cultural” problem. The legal and policy framework focuses on safeguarding individuals and upholding universal rights to autonomy and safety.
Challenges and the Path Forward
Despite significant progress, challenges remain. Victims may be unwilling to speak out due to fears of social ostracism or family breakdown. Some may not recognise their situation as coercive, while others may struggle to navigate the legal system or be fearful of the consequences. There is also a need to ensure that legal remedies are accessible not just in major cities but in all areas of England and Wales.
Further development of specialist services, sustained funding, and improved cross-agency coordination will be crucial in moving forward. Understanding the ways in which forced marriage intersects with other forms of abuse, such as honour-based violence, domestic abuse, or trafficking, is essential in crafting holistic responses.
Additionally, the integration of forced marriage education into school curricula and citizenship programmes can play a preventative role, empowering young people with the knowledge to assert their rights and seek help where needed.
Conclusion
The legal protections against forced marriage in England and Wales represent a sophisticated and principled approach to a deeply complex issue. By combining civil remedies with criminal sanctions, and grounding interventions in principles of consent and autonomy, the system seeks not only to respond to individual cases but to create a broader culture of prevention and protection. With continued vigilance, cross-sector collaboration, and sensitivity to the realities faced by victims, the law will remain a powerful instrument in the ongoing fight to eliminate forced marriage and safeguard personal freedom for all.