The Marriage and Civil Partnership (Minimum Age) Act 2022, which gained Royal Assent in April last year, has come into force on 27 February 2023. It means that 16 and 17 year olds will no longer be allowed to marry or enter a civil partnership, even if they have parental consent.
It is now illegal and a criminal offence to arrange for children (those under 18 years of age) them to marry, under any circumstances whether or not force is used.
This is part of the government’s continued commitment to tackle violence against women and girls.
Those found guilty of arranging child marriages face sentences of up to 7 years in prison.
The age of 18 is widely recognised as the age at which a person becomes an adult and gains full citizenship rights.
UNICEF and the UN Committee on Rights of the Child said in 2016 that the age for marriage should be raised to 18. This is a landmark day for the campaigners who have worked relentlessly for over 5 years to ban child marriage in this country.
Child marriage destroys lives and through this legislation we will protect millions of boys and girls over the coming years from this scourge.
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.
Previously forced marriage was only an offence if the person uses a type of coercion, for example threats, to cause someone to marry.
It is now an offence to cause a child under the age of 18 to enter a marriage in any circumstances, without the need to prove that a form of coercion was used. This includes non-legally binding ‘traditional’ ceremonies which would still be viewed as marriages by the parties and their families.
Last year, the national Honour Based Abuse helpline supported 64 cases of child marriage.
In 2021 the government’s Forced Marriage Unit provided advice or support in 118 cases involving victims below 18 years of age. Girls are likely to be more impacted that boys but boys are affected too. The courts have also issued 3,343 Forced Marriage Protection Orders between their introduction in 2008 and September 2022 which prevents someone from using threats, violence or emotional abuse as a way to force a person into marriage.
This has to be good news to protect young people. Will it extend to the dressmaker or the caterer if they know one or both of the people are under the age of 18? I think so and it is important that there is no need to show coercion, which can be so hard for a young person, being asked to stand up to a parent. Now, it is very clear. Over 18 years old only to be married.