Legal background
- The Marriage Act 1949 ("MA 1949"), Marriage (Registrar General’s Licence) Act 1970 and the Matrimonial Causes Act 1973 are the principal statutes on marriage in England and Wales. The Civil Partnership Act 2004 ("CPA 2004") relates to the law on civil partnerships.
- Section 2 of the MA 1949 stipulates that any marriage solemnized between persons either of whom is under the age of 16 shall be void. Section 3 of the MA 1949 sets out the consent requirements for a marriage of a child.
- Section 3 of the CPA 2004 stipulates that two people are not eligible to register as civil partners if either of them is under 16. Section 4 states that those under 18 must have the consent of an appropriate person.
- The Anti-social Behaviour, Crime and Policing Act 2014 ("ASBCPA 2014") is the principal statute on forced marriage in England and Wales (and Scotland).
- Section 121 of the ASBCPA 2014 renders it an offence (forced marriage) for a person to use violence, threats or another form of coercion for the purpose of causing another person to enter into a marriage, so long as they believe, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent. That section also renders it an offence to carry out any conduct for the purpose of causing someone who lacks the capacity to consent to marriage (within the meaning of the Mental Capacity Act 2005) to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form of coercion).
- Section 121 specifies that in each case ‘marriage’ means any religious or civil ceremony of marriage, whether or not it is legally binding. It specifies that an offence is committed if at the time of the conduct: at least one of the victim or the defendant is in England or Wales; if neither of them is in England or Wales at the time of the conduct but one of them is habitually resident in England or Wales; or if neither of them is in the UK at the time of the conduct but at least one of them is a UK national. It specifies that the maximum sentence is 12 months imprisonment (six months until the relevant legislation enabling sentences of up to 12 months is brought into effect), a fine or both in the magistrates’ court, or seven years imprisonment in the Crown Court.