Marriage under 18 banned even if ceremony is not legal

Tory MP Pauline Latham - JUSTIN TALLIS/AFP
Tory MP Pauline Latham - JUSTIN TALLIS/AFP

From Monday, under 18-year-olds will be banned from marrying even if the ceremony is not legal.

Sixteen and 17-year-olds will no longer be allowed to marry or enter a civil partnership in England and Wales, even if they have parental consent under the Marriage and Civil Partnership Act.

The new Act makes it illegal to exploit vulnerable children by arranging for them to marry, under any circumstances whether or not force is used. Those found guilty of arranging child marriages face sentences of up to seven years in prison.

The legislation will also cover non-legally binding “traditional” ceremonies which would still be viewed as marriages by the parties and their families.

In Scotland, it is legal to marry from 16.

'Child marriage destroys lives'

Dominic Raab, the Justice Secretary, 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 by Tory MP Pauline Latham who said it was a landmark moment for campaigners.

Child marriage destroys lives and through this legislation we will protect millions of boys and girls over the coming years from this scourge,” she said.

Campaigners say 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.

Sarah Dines, the minister responsible for safeguarding, 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.”

'A huge victory for survivors'

Previously forced marriage was only an offence if the person used a type of coercion, for example threats, to cause someone to marry.

Government figures showed there were 337 cases in 2021 where its forced marriage unit supported victims. Of these, 118 involved under 18-year-olds.

The courts have also issued 3,343 Forced Marriage Protection Orders between their introduction in 2008 and September 2022. These prevent someone from using threats, violence or emotional abuse as a way to force a person into marriage.

Natasha Rattu, director of Karma Nirvana and 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.”