Family Law Marriage Changes

Family Law Legislation Changes

The number of children subjected to marriage under the age of 18 has been on the increase for some years with the office for national statistics reporting that of the 759 cases, the forced marriage unit advised on in 2020, 199 related to victims under the age of 18.

Now with a change to the law, raising the legal age of marriage from 16 to 18, it is hoped that the more vulnerable children can be protected.

Previously, it was illegal for anyone under the age of 18 to marry unless they had parental consent. However, children could be forced into marriage by their parents and there was no law to prevent cultural or religious marriages with children under this age taking place.

The new Law makes it an offence for anyone to facilitate marriage for anyone under the age of 18 and anyone found guilty of doing so could face up to 7 years in prison, as well as a fine. People who take their children abroad to marry can also be prosecuted on their return to the UK and any marriage which takes place overseas will not be legally recognised in the England and Wales.

It is already an offence for anyone to use coercion such as violence or threats in order to make another person marry without full and free consent and the new legislation will support and expand this to protect more young people. 

This law will only apply to marriage in England and Wales, with the law in Scotland meaning that anyone over the age of 16 can marry without the need for parental consent. Whilst in Northern Ireland the minimum age is 16, however parental consent is still required.

If you would like more information or advice, our experts are here for you. 

Please contact our Family Law Specialists today.

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