Why is forced marriage illegal

State Department recognizes forced marriage as a marriage without the consent of at least one party. Duress, threat, physical abuse and death threats by family members constitute force and coercion. In the United States, forced marriage is considered to be a human rights violation and in some cases, a form of child abuse.

An arranged marriage is differentiated from forced marriage because the marrying parties agree to the marriage arrangement in an arranged marriage. In the United States, adults and children are forced to marry through familial deception, cultural tradition, emotional blackmail and threats of abuse or even death. Exceptions allow children under the age of 18 to legally marry.

It operates both inside the UK where support is provided to any individual and overseas where consular assistance is provided to British nationals, including dual nationals. The FMU operates a public helpline to provide advice and support to:.

The FMU undertakes an extensive training and awareness programme targeting both professionals and potential victims, and carries out a range of work to raise awareness. The FMU privacy notice describes how we process data to provide support to victims and potential victims of forced marriage.

The notice explains how we will use your personal data, and what your rights are in relation to our use of your personal data. It is a criminal offence in Northern Ireland under separate legislation.

As a civil law measure, an application for a FMPO would be made in the family court. Failure to comply with the requirements or terms set out in a FMPO granted by the Family Court, is a criminal offence and can result in a sentence of up to 5 years in prison. In the government introduced lifelong anonymity for victims of forced marriage to encourage more victims of this hidden crime to come forward. The government is committed to ensuring that professionals who are made aware of a forced marriage victim have the training and guidance they need to provide effective advice and support.

This includes police officers, social workers, teachers, and safeguarding professionals. The FMU has also developed free forced marriage e-learning for professionals. The modules aim to enable professionals to recognise the warning signs and ensure that appropriate action is taken to help protect and support all those at risk.

Please email fmu fcdo. However, it is important to remember that consenting because of fear or pressure is not true consent. See our Guide to Marriage. If you are unsure whether you have or are being forced into a marriage, you can find more information here or contact one of the organisations listed at the end of this guide.

Many women are also subjected to different forms of abuse within the context of their marriage. This can range from emotional, psychological and financial abuse to sexual and physical violence. This can encompass but is not limited to the following types of abuse: psychological; physical; sexual; financial and emotional.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

If you are experiencing domestic abuse see A guide to domestic violence injunctions. Protection under the law in England and Wales. Forced marriage can involve a range of criminal offences and there is now a specific criminal offence of forced marriage. You can also get legal protection from forced marriage in the civil courts.

A forced Marriage Protection Order FMPO is a type of injunction which can forbid your perpetrator from doing certain things such as being physically violent, contacting you directly or indirectly by making someone else contact you , taking you out of the country, or making marriage arrangements.

The injunction can also require the person named in the order to do certain things, for example, handover passports to the court or ensure a young person attends school.

You can apply for a FMPO if you have been forced into a marriage or you believe you are being forced into a marriage. The marriage does not have to have occurred for you to gain protection. This could mean that the order is made against one person or many people who are involved in the forced marriage. An order can be made against any persons in the UK or outside, who is, or has been, involved in the forced marriage in any way. This could be your mother, father or other close family member; or someone who you do not know, but is involved in the forced marriage.

For example, an imam or a priest who is going to conduct the ceremony or wider family members who are acting in a harassing way, could be subject to a FMPO. The Respondent must not take the Applicant out of the Birmingham area. The Respondent must not harass, pester or molest the Applicant, directly or indirectly. The Respondent must halt any arrangements for the wedding of the Applicant. There is no court fee for applying for a FMPO. You or your solicitor will need to prepare a witness statement setting out details of your situation, any violence or threats that have been used against you, the arrangements for your marriage or details of the marriage if it has taken place.

You should also set out what you want the order to do and the persons you want the order to be made against. Yes, but they might not know until you get the order. You or your solicitor can start the application for a FMPO without telling your perpetrators. If the without notice FMPO is made this means that you will have protection before your perpetrator s know you have made the application.

The application must be sent to them by a process server a person whose job is to give documents to people or the court bailiffs. The family court will then set a hearing at which your perpetrators will have the opportunity to defend the order or they can agree to let the order continue.

This might mean that you have to give evidence at court with your perpetrators there. You will usually have to attend court, in certain situations you can give evidence from another location, so that you do not have to face your perpetrators at court.

If you do not wish to or do not feel you can attend court, you should ask your solicitor to request that you can give evidence from a different location. If this is not possible, you or your solicitor should ask for special facilities to be put in place to protect you at court and giving evidence. If you or your solicitor call the court in advance and ask for special measures , these are protections put in place such as screens for you to provide your evidence behind so that you do not have to face your perpetrators and a safe exit, for example, by retaining , and or providing evidence from another.

I am concerned that someone close to me is being forced into a marriage, can I apply for a forced marriage protection order to protect this person? A friend, relative or someone else can make an application for an FMPO. If the court grants permission then the application can be made for a FMPO to protect the victim. If you are not able to make the application yourself, for example, you cannot leave the house or access the courts, or are in another country, or you are too frightened, then someone else can make the application.

See above: I am concerned that someone close to me is being forced into a marriage, can I apply for a forced marriage protection order to protect this person? Someone else making the application means it is not being made by you but it is being made to protect you, which might make it easier for you to take steps to protect yourself without it coming directly from you.

As forced marriage often involves parents and other family members it can be difficult for you to make the application in your own name, it might not be safe or possible for you to do so. The High Court can make orders to protect children. It is a crime to cause a person to enter into a forced marriage or to be a party to the forced marriage unless you are the victim.

The offences carry a maximum jail term of 7 years, or 9 years for an aggravated offence which includes forcing a person under the age of 18 to marry or forcing a person with a disability to marry. If someone helps to arrange for a child under the age of 18 to be taken outside Australia to be married, they could be jailed for up to 25 years.

Marriage in Australia Marriage in Australia is for men and women over the age of 18 who fully agree to and understand the marriage. In some rare circumstances, a person aged 16 or 17 can get married with the approval of a court.

If the girl goes ahead with the marriage because she is fearful of being harmed, this is a forced marriage. When she and her family arrive overseas she is told that she must get married to a cousin. If the marriage goes ahead, this is a forced marriage. A few weeks later, his family tells him that he must marry a young woman in the community he has known for many years. This is a forced marriage. In some families, marriages are arranged. The couple are introduced to each other by a family member or another person.

Each person can freely choose whether or not they want to go ahead with the marriage and their families listen to their choice without any consequences.

Arranged marriages are legal in Australia for people over the age of 18 because the couple only get married if they both freely choose to marry each other.

Even if they first agreed to it, an arranged marriage can change to become a forced marriage if one or both of the people are threatened, tricked or pressured into saying yes to the marriage.