Forced Marriage Protection Orders

A forced marriage according to the Cambridge dictionary Is a marriage that happens without the agreement of one or either of the people getting married. The legal definition of a forced marriage is where one or both people do not or cannot consent to the marriage, and pressure or abuse is used to force them into marriage.

Many people often assume that an arranged marriage is the same as a forced marriage, this however is not the case. In an arranged marriage the families or friends would choose a marriage partner, however, both individuals whose marriage is to be arranged are free to choose and consent to entering the marriage. Although the marriage is arranged by the families there is no force to enter the marriage.

Where a marriage is arranged and you provide your consent but prior to the marriage you change your mind, if you still feel that you are required to continue with the marriage despite your wishes then this can also be classified as a forced marriage. This is providing you feel you must continue with the marriage due to pressure from your family.

Forcing a person to marry without their consent is a criminal offence in the UK and is punishable with a maximum prison sentence of 7 years. According to the Guardian, there were more than 1000 cases of forced marriage in the UK in the year of 2017. Out of these cases 355 cases related to people under the age of 18 years. Whereas 78% of the cases related to female victims and 21% related to male victims.

Where a marriage is arranged and you provide your consent but prior to the marriage you change your mind, if you still feel that you are required to continue with the marriage despite your wishes then this can also be classified as a forced marriage. This is providing you feel you must continue with the marriage due to pressure from your family.

Forcing a person to marry without their consent is a criminal offence in the UK and is punishable with a maximum prison sentence of 7 years. According to the Guardian, there were more than 1000 cases of forced marriage in the UK in the year of 2017. Out of these cases 355 cases related to people under the age of 18 years. Whereas 78% of the cases related to female victims and 21% related to male victims.

A person who is being forced into a marriage may be faced with one of the following 3 types of pressures or abuse:

• Physical pressure or abuse
• Emotional or psychological abuse or pressure
• Financial abuse or pressure.

Physical abuse could include actual physical violence, sexual violence, or threats of being physical abuse and violence.

Many victims experience overlapping forms of abuse, and our guide on domestic abuse and child contact explains how coercive control and violence are treated in family courts when children are involved

Emotional or psychological abuse or pressure covers many situations. Some of them include you made to feel as if you have let your family and their respect down, being told that you are a bad child for not agreeing toa marriage, using cultural values against you or even family members or other associated persons making threats of suicide or self-harm if you do not agree or stating that your decision has led them to become unwell or ill. Emotional and psychological abuse and pressure may also be in the form of stopping you to freely move, not allowing you to leave your home, removing your phone or even being moved to a different town or city without your consent.

Financial abuse or pressure covers situations where if you are dependent on somebody and they stop the level of dependence by not providing you with sufficient financial support, or even confiscating your wages or stopping your access to your own money and savings.

Forced marriage victims may be under so much pressure or facing abuse that they may not be able to speak out. Furthermore, their communication channels maybe restricted and they may even be prohibited from leaving their home. So how can you spot whether there are potential forced marriage issues? The following may be signs of forced marriage which a relative or a friend or a colleague of the victim of forced marriage may notice:

• No response to calls or messages
• Absence from school, college, or employment without any warning
• Planning to leave school, college, or employment without providing sufficient notice or reasons,
• Appearing withdrawn, sad, and isolated or anxious,
• Planning to visit a country for a long duration where other family members reside,
• Being monitored by family members when outside, or constant calls and messages from family members when either socialising or at work or education,
• Signs of physical abuse such as marks and bruising.

These are some of the signs which our specialist family lawyers have noticed can tie with forced marriages.

As well as forced marriage being a criminal offence it could also be dealt with through civil and family courts. Cases of forced marriage which usually are dealt with by family courts are cases where you believe you may be taken out of the country for marrying someone without your consent. This could also be under the pretext of taking you abroad on holiday against your wishes. Family courts can also intervene where you feel marriage arrangements are taking place to which you have not provided your consent for. In such an instance an application can, be made for forced marriage protection orders.

In some situations the court may also recommend protective orders such as a non‑molestation order or occupation order alongside a forced marriage protection order to keep you physically safe.

Forced marriage protection orders are an injunction which can be made by the family court to help a person who is being coerced into a forced marriage or some who is already in a forced marriage. Forced marriage protection orders are governed by part 4 of the Family Law Act 1996. This was following Section 1 of the Forced Marriage (Civil Protection) Act 2007 inserting provisions to allow courts to make forced marriage protection orders.

Where a intended marriage, being made without consent of both parties, has not taken place the forced marriage protection orders can intervene and stop the event taking place.

Worldwide protection is provided by a forced marriage protection order preventing a marriage taking place in the UK or overseas.

Where a forced marriage has already taken place, forced marriage protection orders can protect the victim from leaving the marriage and protecting them from further abuse or pressure from their family members.

Forced marriage protection orders are made against any person who you believe is forcing you into a forced marriage or someone who has already forced you into a forced marriage. This extends to your family member such as your father, your mother, your siblings, close family members or anyone that you do not know but they have an involvement in the forced marriage. The person against whom forced marriage protection orders are made do not have to be responsible for pressurising your or abusing you but maybe involved in the marriage by way of arranging flights to travel abroad for marriage or even the person who will be conducting the religious forced marriage summary.

If you’re facing a forced marriage or have already entered into a force marriage then you can apply for forced marriage protection orders yourself. In the alternative concerned relatives, friends, work colleagues can also make applications for forced marriages. You may be abroad and may not be able to make an application for forced marriage protection orders or you may not have access to download and complete the form or contact anyone. In such a situation you can ask someone else to make the application for you or they can make it on their own accord if they feel you are facing a forced marriage or have entered a forced marriage.

If someone other than the victim of a forced marriage applied for forced marriage protection orders, they will need to obtain the courts permission and provide details of their relationship with you as well explaining how they now you and whether they have any evidence to suggest a forced marriage has taken place or is taking place. Where the permission of the court is needed to apply on behalf someone else then the form FL430 also needs to be completed.

Forced marriage protection orders are made by completing and submitting the form FL401A to a family court. The form can be obtained through any family lawyers or online from the government website. Our family specialists can assist you with obtaining the relevant form for forced marriage protection orders as well as assist you with completing the form and collating your evidence. We can also assist you in preparing your statement in support of your application for forced marriage protection orders to ensure your application is considered adequately and you are able to get the application you need.

Unlike many other family court applications there is no fee payable for the form FL401A in respect of forced marriage protection orders applications.

The courts, once they have considered the application and heard the evidence, may make an order. If an order for forces marriage protection is made the order will continue until either you or the respondents want the judge to reconsider this.

They may also make an interim order where more information is needed or where an application is made without notice to allow the respondents opportunity to present their case and evidence.

The judge may decline to make an order if further information is needed from either you or the respondents involved within the proceedings, or alternatively the matter can be dealt without forced marriage protection orders but instead by way of undertakings which are promises to either do certain things or not to certain things.

As with any breach, the court takes breach of forced marriage protection orders very seriously. A breach relating to forced marriages could be considered both under the family courts or the criminal courts. The family court can deal with breach of such an order by way of an application for a warrant of arrest forced marriage protection orders by using the form FL407A. A person who has breached the order or is in contempt can be imprisoned for up to 2 years for the breach.

Where the breach of forced marriage protection orders is taken to criminal courts then the person disobeying the order and committing the offence can be imprisoned for a maximum of 5 years.

The duration of forced marriage protection orders depends on the type of order made. Where full forced marriage protection orders are made these will last indefinitely until either you or the respondents apply to the courts to discharge or vary the order.

In the case of interim forced marriage protection orders these orders will usually last until a further hearing has been listed at which the courts may either make a full order after considering the evidence or make no order and discharge the interim protection order.

Quite often parents may want to take children abroad for long holidays. This holiday maybe to a country where the parents have strong ties or is their birth country. Children may feel that if they are taken abroad, they may be forced into entering a marriage without their consent. However, this may not be the intention of the parents at all. In such a situation you may be fearing the worse and may want information on forced marriages.

You can access support rather than taking legal action at this stage, to ensure you are familiar of what may happen and what steps you can take. Many organisations and charities are at hand which can provide you with information or which you can research yourself to ensure you are fully equipped and can obtain useful knowledge. The most common organisations are Childline, Karma Nirvana, Refuge & support line.

If you are the victim of a forced marriage or were part of the proceedings for forced marriage protection orders, you can request the court to change or discharge the order. An applicant in forced marriage protection orders may request an order to be discharged where they believed they may be taken abroad to enter a forced marriage, but this was never the case or further information has come to light which suggests otherwise.

A respondent may request a variation or discharge to forced marriage protection orders where an order was made in relation to one of their children, but because of this they may be prevented to travel abroad with their other children for a genuine reason. In such cases the courts can consider an application for either variation or discharge of forced marriage protection orders. Our experienced family lawyers can assist you with completing the form FL403A for an application to vary or discharge a forced marriage protection order. We can also advise you on the prospects of a potential application by listening to you and your concerns.