Part 1SForced marriage protection orders

Forced marriage protection ordersS

1Forced marriage protection ordersS

(1)The court may make an order for the purposes of protecting a person (a “protected person”)—

(a)from being forced into a marriage [F1or civil partnership] or from any attempt to force the person into a marriage [F1or civil partnership], or

(b)who has been forced into a marriage [F1or civil partnership].

(2)In deciding whether to make such an order and, if so, what order to make, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the protected person.

(3)In ascertaining the protected person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate on the basis of the person's age and understanding.

(4)For the purposes of this Part, a person (“A”) is forced into a marriage [F2or civil partnership] if another person (“B”) forces A to enter into a marriage [F2or civil partnership] (whether with B or another person) without A's free and full consent.

(5)For the purposes of subsection (4), it does not matter whether the conduct of B which forces A to enter into a marriage [F2or civil partnership] is directed against A, B or another person.

(6)In this Part—

  • “force” includes—

    (a)

    coerce by physical, verbal or psychological means, threatening conduct, harassment or other means,

    (b)

    knowingly take advantage of a person's incapacity to consent to marriage [F3or civil partnership] or to understand the nature of the marriage [F3or civil partnership],

    and related expressions are to be read accordingly,

  • “forced marriage protection order” means an order under subsection (1).

Textual Amendments

Commencement Information

I1S. 1 in force at 28.11.2011 by S.S.I. 2011/352, art. 2