Forced marriage is a serious human rights abuse and a criminal offence in England and Wales. If you are being pressured into a marriage you do not consent to — or have already been forced into one — the law provides specific protections, including a Forced Marriage Protection Order (FMPO). This guide explains what forced marriage is in law, what an FMPO can do, who can apply for one, and how to get help urgently.
Our family law solicitors in Bolton treat all enquiries about forced marriage with the utmost sensitivity and confidentiality. We can act urgently to obtain protection where needed.
What Is Forced Marriage?
A forced marriage is one in which at least one party does not or cannot give free and full consent. It is important to understand the distinction between a forced marriage and an arranged marriage. An arranged marriage — where families take a leading role in introducing potential partners — is not forced if both parties freely consent. A forced marriage is one where one or both parties are coerced, pressured, or deceived into marrying without genuine consent.
Pressure to marry can take many forms, including physical violence or threats, emotional blackmail, financial control, being taken abroad and having travel documents confiscated, or being told that not marrying will bring shame to the family. A person who lacks the mental capacity to consent to marriage is also considered a victim of forced marriage regardless of whether direct pressure is applied.
Is Forced Marriage a Criminal Offence?
Yes. The Anti-social Behaviour, Crime and Policing Act 2014 made forced marriage a criminal offence in England and Wales. The offence covers forcing a person into marriage without their free and full consent and also covers deceiving someone into going abroad for the purpose of being forced into marriage. The maximum sentence is 7 years imprisonment.
Breaching a Forced Marriage Protection Order is also a criminal offence since 2014, carrying the same maximum sentence.
What Is a Forced Marriage Protection Order?
A Forced Marriage Protection Order (FMPO) is a civil court order made under the Family Law Act 1996 (as amended by the Forced Marriage (Civil Protection) Act 2007). It is specifically designed to protect a person from being forced into marriage or from suffering any harm connected to a forced marriage situation.
An FMPO can contain whatever terms the court considers necessary to protect the applicant. It can prohibit named individuals from:
- Threatening, intimidating, or harassing the applicant
- Applying for or obtaining a passport or travel document on behalf of the applicant
- Removing the applicant from the United Kingdom
- Entering into any arrangements for the applicant’s marriage
- Contacting the applicant directly or through third parties
Each order is tailored to the specific risk — the court has very wide powers to include whatever terms are necessary for the applicant’s protection.
Who Can Apply for a Forced Marriage Protection Order?
The following people can apply for an FMPO:
- The person who is being or may be forced into marriage (the victim themselves)
- A relevant third party — the police, local authorities, and certain other bodies can apply on behalf of a victim
- Any other person with the court’s permission — this includes friends, teachers, healthcare professionals, or anyone else concerned about a person at risk
Critically, the victim does not need to apply themselves. Where a person is at risk and unable or unwilling to come forward directly — perhaps because they are being controlled or are not in a safe environment — a third party can make the application on their behalf.
How Do You Apply?
An FMPO application is made to the Family Court using Form FL401A. As with non-molestation orders, applications can be made without notice in urgent situations — allowing the court to make an order immediately, without the respondents being aware of the application, where there is a risk of immediate harm or the person being removed from the country.
Given the nature of forced marriage cases, without notice applications are common. The urgency of the situation is often extreme — particularly where there is a risk of a person being taken abroad imminently.
If you are concerned about your own situation or someone else’s, contact a specialist solicitor immediately. Time can be critical.
What Happens If an FMPO Is Breached?
Breaching a Forced Marriage Protection Order is a criminal offence carrying up to 5 years imprisonment (or 7 years for the criminal forced marriage offence). The police can arrest the respondent without a warrant for breach.
If an FMPO is breached, contact the police immediately and preserve any evidence of the breach.
The Forced Marriage Unit
The Forced Marriage Unit (FMU) is a joint government unit operated by the Foreign, Commonwealth and Development Office and the Home Office. It provides support to victims of forced marriage both within the UK and abroad — including helping British nationals who have been taken overseas for the purposes of a forced marriage. The FMU can be contacted directly and its advice and assistance are entirely confidential.
FMPOs and Other Protective Orders
In many forced marriage cases, additional protective orders may also be appropriate. A non-molestation order can be obtained alongside an FMPO where there is also a risk of violence or harassment. Where a forced marriage has already taken place, advice on annulment or divorce may also be needed.
Our team will advise on the full range of legal protection available in your specific situation.
How Hi Solicitors Can Help
Our Forced Marriage Protection Order solicitors act quickly, sensitively, and in complete confidence. We understand how frightening and complex these situations can be and we prioritise your safety above everything else. We can prepare and file urgent applications, attend court with you, and ensure you have the most comprehensive protection the law allows.
If you are concerned about yourself or someone you know, please contact us — we will not judge, and everything you tell us is confidential.
Call 01204 371 414 for a free initial consultation. We are here to help.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Is forced marriage the same as an arranged marriage?
No. An arranged marriage — where families introduce or help select a partner — is not a forced marriage if both parties freely consent. A forced marriage is one where at least one party does not or cannot give free and full consent, because they are being pressured, coerced, threatened, or deceived. Consent must be free, full, and genuine.
Q: Can I get a Forced Marriage Protection Order if I have already been married?
Yes. An FMPO can be obtained to protect a person who has already been forced into marriage. The court can include terms that protect the applicant from further harm arising from the forced marriage situation. Advice on annulment or divorce of a forced marriage may also be relevant — speak to a solicitor about the options available.
Q: Can someone else apply for an FMPO on my behalf?
Yes. A third party — including the police, local authority, a teacher, or a healthcare professional — can apply for an FMPO on behalf of a person at risk, with the court’s permission. This is particularly important where the victim is being controlled and is not in a safe position to make an application themselves.
Q: What if I am abroad and being held against my will?
Contact the Forced Marriage Unit immediately on +44 (0)20 7008 0151, which operates 24 hours a day for overseas emergencies. You can also contact the nearest British Embassy or High Commission for assistance. The FMU can liaise with local authorities and work to secure your return to the UK.
Q: Is everything I tell a solicitor about forced marriage confidential?
Yes. Everything you discuss with your solicitor is subject to legal professional privilege and is completely confidential. Your solicitor cannot share what you tell them without your consent, except in very limited circumstances where there is a risk of serious harm to a child. You can speak freely and honestly about your situation without fear of it being shared.
