The Marriage and Civil Partnership (Minimum Age) Act 2022

A new piece of legislation came into forced on the 27^th February 2023, which means it is no longer possible for anyone under the age of 18 to marry or enter into a civil partnership.

This is a huge change because previously, 16 and 17 years olds have been able to marry or enter into a civil partnership if they had parental or judicial consent. This recent change in the law has been driven by the need to protect children against forced marriages and the risk of exploitation.

Currently, forced marriage is only an offence if the person uses coercion to cause someone to marry, or if the person lacks capacity to consent to marry under the Mental Capacity Act. The Marriage and Civil Partnership (Minimum Age) Act 2022 expands the offence of forced marriage in England and Wales, meaning it will now be an offence to cause a child under the age of 18 to enter a marriage in any circumstances, without needing to prove that a form of coercion was used. The offence of forced marriage will continue to include ceremonies of marriage that are not legally binding, for example in community or traditional settings, which are viewed as marriages by some individuals and their family members.

This change was introduced to Parliament by Pauline Latham OBE MP, via a Private Member’s Bill and was supported by campaign organisations within the Girls Not Brides Coalition, which work to bring an end to child marriage and ‘honour’-based abuse. Child marriage is often linked with domestic abuse towards girls, because they are required to leave education early, have limited career opportunities and suffer physical and mental health problems. The Director of Karma Nirvana (a member of the Girls Not Brides Coalition), Natasha Rattu has said that “the change to legislation on child marriage is a huge victory for survivors [and] is a huge leap forward to tackling this usually hidden abuse and will provide a greater degree of protection to those at risk”.

In 2008, the Forced Marriage (Civil Protection) Act 2007 introduced Forced Marriage Protection Orders (FMPO) in England, Wales and Northern Ireland, which can protect adults and children who are being forced into marriage. This injunctive Order can prevent a perpetrator from being physically violent, contacting the victim directly or indirectly, taking a victim out of the country, or making marriage arrangements. The Order can be worded specifically to suit an individual’s circumstances and can also carry a power of arrest, meaning if someone breaks the Order the Police can be notified and they will be arrested.  

You can apply for a FMPO as someone at risk of a forced marriage, or if you know someone who is at risk. It is also possible to make the application ‘without notice’ meaning the person who is trying to force you/the victim into marriage, will not be notified about the application until it has been granted.

According to statistics, the Government’s Forced Marriage Unit provided advice or support in 118 cases involving victims below 18 years of age in 2021. Furthermore, the Courts issued 3,343 FMPOs between 2008, when they were brought into force, and September 2022.  

If you, or someone you know, is being forced into marriage and would like some advice on how we can assist, please contact a member of the Domestic Violence and Abuse Department (DVAD) by calling our Leicester Office on 0116 255 4855. Alternatively, you can make an enquiry online.