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Care proceedings & child protection

Forced marriage and protection orders

Forced marriage is one that takes place without the full and free consent of both parties. Force can be physical, as well as by emotional pressure, threats, or psychological abuse.

If you know someone who is being forced to get married or is already in a forced marriage, it may be possible to seek protection from the courts.

Forced marriage has been an issue in our society for generations, but a law prohibiting this was only introduced in 2008 with the Forced Marriage (Civil Protection) Act and since 2014 it has been a crime to force someone to marry against their will, including taking a UK national overseas to marry.

Miles & Partners Solicitors is one of several organisations which are able and committed to helping anyone who wishes to assist a close friend or relative who is a victim of forced marriage.

Forced marriage protection orders

Our specialist family solicitors are able to assist you in obtaining a ‘forced marriage protection order’. Such an order would contain legally binding conditions and directions, which need to be followed by the person trying to force someone into marriage. If the order is breached, then the spouse or potential spouse would face potential imprisonment and an unlimited fine.

A forced marriage protection order can be made to suit individual circumstances. For example, the court could order a person to hand over a passport or reveal the whereabouts of someone who is missing. An order can be made to stop a wedding which is being planned.

Emergency action

The court can make an order in an emergency so that protection is in place straight way.

Your solicitor would aim to make an application for this order on the same day as you see us and will also liaise with the government’s Forced Marriage Unit to ensure that the victim gets the best possible protection.

Funding for legal advice or representation

Depending on your financial circumstances, legal aid funding may be available to obtain a forced marriage protection order.

Once we understand your circumstances, we will advise what funding might be available and discuss which payment options might work best for you.

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