The Marriage and Civil Partnership (Minimum Age) Act 2022, which gained Royal Assent in April last year, has come into force today (27 February). 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.
The change will crack down on 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.
Those found guilty of arranging child marriages face sentences of up to 7 years in prison.
The age of 18 is widely recognised as the age at which one becomes an adult and gains full citizenship rights.
Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice, Dominic Raab MP, said:
“This law will better protect vulnerable young people, by cracking down on forced marriage in our society.
“Those who act to manipulate children into marrying under-age will now rightly face the full force of the law.”
The change was introduced through a Private Member’s Bill brought to Parliament by Pauline Latham OBE MP and was supported by campaign organisations within the Girls Not Brides Coalition, which work to end child marriage and ‘honour’-based abuse.
Pauline Latham MP said:
“This is a landmark day for the campaigners who have worked relentlessly for over 5 years to ban child marriage in this country.
“Child marriage destroys lives and through this legislation we will protect millions of boys and girls over the coming years from this scourge.”
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’m 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 frontline professionals to support and safeguard victims.”
Child marriage is often associated with domestic abuse towards girls, leaving education early, limited career opportunities, and serious physical and mental health problems. The change honours the government’s commitment to the pledge made to the United Nations to end child marriage by 2030.
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 an offence to cause a child under the age of 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.
Natasha Rattu, Director of Karma Nirvana (a member of the Girls Not Brides Coalition), said:
“The change to legislation on child marriage is a huge victory for survivors. It is a huge leap forward to tackling this usually hidden abuse and will provide a greater degree of protection to those at risk.
“Last year, the national Honour Based Abuse helpline supported 64 cases of child marriage, representing only a small picture of a much bigger problem. We hope that the new law will help to increase identification and reporting, affording greater protection to children at risk.”
In 2021 the government’s Forced Marriage Unit provided advice or support in 118 cases involving victims below 18 years of age. The courts have also issued 3,343 Forced Marriage Protection Orders between their introduction in 2008 and September 2022 which prevents someone from using threats, violence or emotional abuse as a way to force a person into marriage.
