A marriage should always be the result of a person’s free will, but sometimes individuals are coerced into marriage. This piece examines Forced Marriage Protection Orders and explains who is eligible to apply for one.
What is a marriage by coercion?
A forced marriage (marriage by coercion) occurs when one or both parties do not or cannot give their assent.
Forced marriages can occur with anyone from all backgrounds and nationalities, males and females, and they do not just happen to young people but adults as well. Contrast forced marriages with arranged marriages, in which both parties have input and consent to the union.
Protection Orders for Forced Marriage
The Forced Marriage (Civil Protection) Act of 2007 grants the Court the authority to issue Force Marriage Protection Orders (FMPO) to protect the victim from further injury arising from the forced marriage.
Similar to a non-molestation order or injunction, an FMPO serves as a deterrent for perpetrators to approach the victim. The FMPO is intended to protect the victim from being forced to marry; however, it can also restrict the perpetrator from performing certain acts, such as taking the victim out of the country, making marriage arrangements, contacting the victim directly/indirectly, and protecting the victim from violence.
The order may include arrest powers, and if violated, the violator could face imprisonment for contempt of court.
Who can request an FMPO?
You may submit an FMPO application if you are:
- Being forced into a marriage; or
- Already in a forced marriage
A relevant third party of any victim may apply for an FMPO on their behalf with the court’s permission.
Local authorities can also petition for an FMPO on behalf of a victim if they believe the victim is vulnerable or under the age of eighteen.
A FMPO may be issued without prior notice, but this is determined on a case-by-case basis. This indicates that the respondent will not be notified that an FMPO has been requested. Once an order is issued, the respondent will receive notification.
There are no court filing fees, and legal aid is available for those who qualify based on their income.
If you or someone you know is affected by the issues discussed in this blog post, we can offer you guidance and help you apply for an FMPO. For further information, please contact our specialised team.
