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Legal Terms – Force Marriage
A marriage in which one party does not consent to the union and there is a degree of coercion. A compelled marriage is voidable under the Matrimonial Causes Act 1973 s 12(1)(c) and can be annulled by the court, while an arranged marriage is lawful. The courts draw a clear distinction between the two. In the latter scenario, the families of both spouses are involved in the arrangement of the marriage; however, the decision to accept or decline it is ultimately up to the individuals (NS v MI). [2006] EWHC 1646 (Fam), [2007] 1 FLR 444; P v R (Forced Marriage: Annulment: Procedure) [2003] 1 FLR 661). Until recently, the sole civil remedy available to a victim was to petition for a *non-molestation order or a *occupation order under the Family Law Act 1996 or an injunction under the Protection from Harassment Act 1997. A forced marriage protection order, which is issued under pt 4A of the Family Law Act 1996, may now be used to safeguard victims of coerced marriages. There are criminal offenses that are both freestanding and related to the violation of an order.
A marriage in which one party does not consent to the union and there is a degree of coercion. A compelled marriage is voidable under the Matrimonial Causes Act 1973 s 12(1)(c) and can be annulled by the court, while an arranged marriage is lawful. The courts draw a clear distinction between the two. In the latter scenario, the families of both spouses are involved in the arrangement of the marriage; however, the decision to accept or decline it is ultimately up to the individuals (NS v MI). [2006] EWHC 1646 (Fam), [2007] 1 FLR 444; P v R (Forced Marriage: Annulment: Procedure) [2003] 1 FLR 661). Until recently, the sole civil remedy available to a victim was to petition for a *non-molestation order or a *occupation order under the Family Law Act 1996 or an injunction under the Protection from Harassment Act 1997. A forced marriage protection order, which is issued under pt 4A of the Family Law Act 1996, may now be used to safeguard victims of coerced marriages. There are criminal offenses that are both freestanding and related to the violation of an order.
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