Forced Marriages
This is a form of domestic abuse and is a serious problem particularly within certain ethnic communities. The true scale of this problem is unknown as many instances of forced marriage are believed not to be reported. Of course forced marriages are quite different from arranged marriages where both parties freely consent.
The victims of forced marriages are largely women although it is estimated that 15% of victims are men. The victim is often isolated from their friends and is frequently taken abroad where their passport and travel documents are taken and they are prevented from leaving, although forced marriages can occur in the UK. Clearly being a victim of this abuse can have a catastrophic effect on someone and the Government has recently passed the Forced Marriage (Civil Protection) Act 2007 to give victims some protection. This will come into force on 25th November 2008. This act aims to protect young and vulnerable men, women and children from this serious abuse of their human rights.
Under this Act, the Courts have powers to make Forced Marriage Protection Orders to protect victims or potential victims of forced marriages. These Orders will either prevent forced marriages going ahead or help victims escape from them. The victim or potential victim can apply for an order or a third party can apply on their behalf. The Court will consider your connection and knowledge of the circumstances if you are not the person directly affected or someone closely connected with them.
The Court has a wide discretion under this act to make orders to protect victims or potential victims and this can include not just conduct within England and Wales but also conduct abroad. Orders can be made against any person involved in arranging the forced marriage, whether they are assisting in some way, aiding or abetting.
The Court can make an Order to protect someone under this act either following an application or in other Family proceedings before the Court. The Court can also make an Order without giving notice to the person that you need protection from, which is important to remember if you are nervous about making such an application. This means that by the time the other parties become aware of your application, then the protection is already in place.
The Court will often attach a Power of Arrest to these orders, which means that a Police officer can arrest without warrant a person that they have reasonable cause to suspect has breached this order. They would then be brought to Court within 24 hours and the Court would decide what should happen next. Breach of these orders is not currently a criminal offence. This means that the perpetrator would be brought to a civil court and even if they were found guilty and were sent to prison, this would not give them a criminal record.
If you are afraid that you or someone you know may be forced to marry someone, then please contact as we will be able to help you apply for an order under the Forced Marriage (Civil Protection) Act. It is very likely that you will be eligible for Legal Aid to cover this application as there is no maximum amount that someone should earn to be eligible. If your disposable income is over £301 a month then you will be expected to make a contribution. You may also be expected to contribute to your Legal Aid costs if you have savings or capital. You will be advised fully in relation to Legal Aid at your first appointment and we also offer initial free consultations to discuss these issues if funding is a concern.
You may also consider contacting the Forced Marriage Unit of the Foreign and Commonwealth office on 0207 008 0151 during office hours or (+44)(0)207 008 1500 out of hours.
Consider taking immediate practical steps to protect yourself. Do not go abroad if you are concerned about the motives for the trip. If you do go abroad then make sure you have the contact details of the High Commission or embassy in the country you are visiting. Try to ensure that you keep some local currency with you and keep a copy of your travel documents.
