LEGAL AGE OF MARRIAGE IN ENGLAND AND WALES RISES TO 18
Vulnerable children across England and Wales will be better protected from the damaging impact of forced marriage as the legal age of marriage rises to 18 in England and Wales. The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on 27th February 2023. It means that 16 and 17 year olds will no longer be allowed to marry or enter a civil partnership even if they have parental consent.
It is now illegal and a criminal offence to exploit vulnerable children by arranging for them to marry under any circumstances, whether or not force is used. Those found guilty of arranging child marriages face sentences of up to 7 years in prison. The change will prevent forced marriages which can cause lasting damage on a child and forms part of the Government’s continued commitment to tackle violence against women and girls.
In 2021 the Government’s Forced Marriage Unit provided support in 118 cases involving victims who were under 18. Campaigners believe official figures do not reflect the true scale of the problem as other victims may not have been able to reach out for support.
Minister for Safeguarding, Sarah Dines MP said “Forced marriage is an abuse of human rights which denies vulnerable children the freedom to learn, grow and thrive. Like all other forms of abuse, I am committed to stamping out this exploitative practice. In addition to this welcome new legislation, we are also continuing to provide training and guidance to equip the Police, social workers and other front line professionals to support and safeguard victims.”
Previously, forced marriage was only an offence if the person uses a type of coercion, for example, threats to cause someone to marry. It is now however an offence to cause a child under 18 to enter a marriage in any circumstances without the need to prove that a form of coercion was used. This includes non-legally binding “traditional” ceremonies which would still be viewed as marriages by the parties and their families.
These changes do not apply in Scotland and Northern Ireland where the minimum age for marriage will remain 16. In Northern Ireland parental consent is required for those under 18 but not in Scotland.
If you require any advice regarding family law please do not hesitate to contact RJT Solicitors on 01257 228027
