What is a forced marriage?
A forced marriage is a marriage that takes place without the full and free consent of both parties and will undoubtedly involve circumstances of duress. Duress may include physical, psychological, financial, sexual and emotional pressure. Traditionally, it was predominately young females who were subject to forced marriages. However, there has been a progressive increase in male individuals being forced into marriage without consent.
How does an arranged marriage differ from a forced marriage?
In arranged marriages the families of both parties take a leading role in arranging the marriage but the choice whether or not to accept the arrangement remains with the prospective parties.
Reasons for forced marriages:
There are many reasons why individuals are forced into marriage. Some of the key reasons include:
Controlling unwanted behaviour i.e. alcohol and drug use or behaving in what is perceived to be a westernised manner.
Controlling unwanted sexuality i.e. perceived promiscuity, being lesbian, gay, bisexual or transgender.
Preventing unwanted relationships i.e. outside ethnic, cultural, religious or caste groups.
Protecting family honour and attempting to strengthen family links.
Achieving financial gain i.e. ensuring land, property and wealth remain within the family.
Obtaining immigration advantages i.e. assisting claims for UK citizenship.
What are Forced Marriage Protection Orders?
Section 1 of The Forced Marriage (Civil Protection) Act 2007 inserted provisions into the Family Law 1996 enabling the courts to make Forced Marriage Protection Orders (FMPO) to prevent forced marriages from occurring and to protect those who have already been forced into marriage.
The order can include prohibitions, restrictions or requirements to protect a victim from a spouse, family member or anyone involved. Involvement can include aiding, abetting, counselling, procuring, encouraging, or assisting another person to force or attempt to force a person to marry. FMPO’s can last for a specified time or if the court so desires, set the FMPO for an indefinite period i.e. until varied or discharged. The order can relate to conduct either within or outside of England and Wales.
Who can apply for an FMPO?
The court may make a FMPO on an application being made by:
The person who is to be protected by the order.
A relevant third party.
Any other person with the permission of the court.
A Relevant Third Party is someone who is appointed to make applications on behalf of others. Relevant third parties could include organisations such as the Police and Local Authority. Both Adults and children can apply for a FMPO.
For more information on:
- Where can I apply for an FMPO?
- Powers of the Court
- Enforcement of FMPO’s