A Forced Marriage takes place where one or both people to a marriage do not, or cannot, consent to the marriage and normally follows pressure or abuse forcing one or both of them into the marriage.

Forced Marriage is illegal in the UK.

A Forced Marriage Protection Order (‘FMPO’) may be applied for at a Family Court and which, if granted, will protect an individual facing a Forced Marriage by the imposition of restrictions.

Amandeep Murria of Kangs Solicitors comments generally.

If you are being investigated in respect of a Forced Marriage allegation or have been served with, or anticipate being served with, any Notice of any nature relating to a FMPO, it is imperative that you seek immediate expert guidance.

Our team is here to assist you. Please feel free to call us for an initial no obligation confidential discussion:

The Relevant Law | Kangs Forced Marriage Offences Defence Solicitors

The Anti-Social Behaviour, Crime and Policing Act 2014 (‘the Act’).

Section 121 provides that a Forced Marriage offence is committed:

  • when there is evidence of violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and;                   
  • the person behaving in such a manner believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.
  • in relation to a victim who lacks capacity to consent to marriage, when any conduct carried out for the purpose causes the victim to enter into a marriage, whether or not the conduct amounts to violence, threats or any other form of coercion.
  • when a person practises any form of deception with the intention of causing another person to leave the UK and                   
  • that person also intends the other person to be subjected to violence, threats or any other form of coercion outside the UK.

Applying for a FMPO | Kangs Forced Marriage Protection Order Solicitors

An Application for a FMPO has to be made to theFamily Court Division of the appropriate High Court office.       

The Hearing of the Application is in private when the court considers:  

  • the potential risk of significant harm to the person to be protected or another person should an Order not be made immediately,
  • if there is a risk that, if an Order is not made immediately, the Applicant will be deterred or prevented from pursuing the Application,
  • whether there are reasons to believe that the Respondent might be aware of the proceedings but is deliberately evading service and
  • whether the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or the Applicant who is making an Application on behalf of another.

Penalties Imposed for Forced Marriage Offences | Kangs Solicitors

  • At a Magistrates’ Court, upon summary conviction, a maximum prison sentence of six months and/or a fine.
  • At a Crown Court, upon conviction on indictment, a maximum prison sentence of seven years.

Penalties Imposed for Breaching a FMPO | Kangs Criminal Solicitors

A breach may be dealt with as:

  • contempt of court at the Family Court or as
  • a criminal offence where Section 120 of the Act provides the following penalties:
  1. At a Magistrates’ Court, upon summary conviction, a maximum prison sentence of six months and/or a fine.
  2. At a Crown Court, upon conviction on indictment, a maximum prison sentence of five years.

Criminal Activity Linked to Forced Marriages | Kangs Criminal Defence Team

  • Fraud
  • People trafficking
  • Controlling, causing or inciting prostitution
  • Kidnap
  • Harassment
  • False imprisonment
  • Blackmail
  • False imprisonment
  • Common assault
  • Actual & Grievous bodily harm
  • Threats to kill
  • Rape or other sexual offences

How Can We Help? | Kangs Criminal Defence Solicitors

If any of the issues raised in the article affect you or you are concerned about your current predicament, it is advisable to seek early advice before you are contacted by any law enforcement agency.

We can explain your rights to you and provide you with guidance on any likely future action.

How Can I Contact You? | Kangs National Criminal Defence Solicitors

The team at Kangs Solicitors is available to assist clients in respect of criminal allegations of every nature including those alleged to be involved in Fraud, Blackmail, Kidnap & Serious Violent Offences.

Hamraj Kang leads an award-winning team of solicitors nationally reputed for its excellence in serious complex investigations of every nature.

We welcome new enquiries by telephone or email.

Our team of lawyers is available to meet at any of our offices in London, Birmingham or Manchester or, alternatively, we are happy to arrange meetings via video conferencing.

Our team can be contacted through any of the following who would be happy to discuss your situation with you:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Aman Murria
amurria@kangssolicitors.co.uk
0161 817 5020 0121 449 9888 

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396