Coerced marriage and the law

Posted by Imran Khodabocus on 9th December 2024

Across the globe there has been concern regarding a proposal in Iraq to reduce the legal marriage age
for females from 18 to nine. A law of this nature would be a substantial setback for women’s rights and would exacerbate the risks of exploitation, coerced marriage, and child abuse.

The issue of coerced marriage is not limited to Iraq; it is worldwide and continues in countries closer to home including the United Kingdom.

England and Wales made a substantial stride forward in 2023 by prohibiting marriage for individuals
under the age of 18, even with parental consent. This was a much-welcomed modification, as it replaced
legislation that permitted children as young as 16 to marry with the consent of their parents.

However, forced marriage continues to be a concealed and intricate issue, despite the fact that the law now reflects a dedication to safeguarding young people from being coerced marriage. These marriages are frequently arranged by families, sometimes abroad, in order to circumvent UK laws and exploit legal systems in countries where child marriage is still permissible.

The Reality of Forced Marriage in the UK

In 2023, the Forced Marriage Unit in the United Kingdom received 283 referrals, underscoring the severity of the issue. In this country, forced marriage is a criminal offence that entails coercing an individual into marriage, taking them abroad to marry, or marrying a minor under 18. It is imperative to note that any marriage involving an individual under the age of 18 is deemed forced, irrespective of whether they believed they had given their consent.

Conviction rates continue to be alarmingly low, despite the existence of laws and safeguards. Only 53% of coerced or forced marriage cases resulted in convictions during the first quarter of 2024. For fear of reprisal, family rejection, or ostracism by their communities, numerous victims refrain from disclosing their experiences. Some individuals may not be aware that they have been coerced into marriage, as they assume it is merely a consequence of cultural or familial norms.

Legal protections and assistance

As a family solicitor I support clients who are impacted by honour based abuse such as forced marriage and there are things that can protect young people. Forced Marriage Protection Orders (FMPOs) are among the robust legal safeguards in place in England and Wales to safeguard individuals who are at risk of coerced marriage. These mandates have the potential to:

• Prevent the occurrence of a coerced marriage.
• Prohibit the use of violence or intimidation.
• Require individuals to either surrender their passports or disclose the location of an individual who is at risk.
• Either restrict travel abroad or guarantee the secure return of an individual who has been taken
  abroad.
• These instruments have the potential to save lives; however, their efficacy necessitates awareness and access to justice.

Increasing awareness and providing assistance to victims

Arranged marriage is distinct from forced marriage. Arranged marriages necessitate the consent of both parties, whereas coerced marriages do not. This distinction is essential, and it is our responsibility as a society to guarantee that all individuals are aware of their rights and the resources at their disposal. Education is indispensable. To ensure that victims are aware that they can seek assistance without fear, schools, workplaces, and community organisations must assist in the dissemination of information regarding the protections against forced marriage.

Although the UK is unable to alter the laws of Iraq or other countries, we can guarantee that individuals in the UK are able to marry without fear of coercion.

The struggle against coerced marriage is far from over. By sustaining our efforts to increase awareness, enhance access to justice, and provide assistance to victims, we can guarantee that no one is coerced into marrying against their will, regardless of their location.

Resources such as the Forced Marriage Unit, charities like Karma Nirvana or specialist family law professionals can provide assistance and guidance if you or someone you know is at risk of forced marriage.

Need some advice? Get in touch today