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Forced Marriage

What is a forced marriage?

A forced marriage is a marriage in which one or both parties do not (or, in the case of some adults with learning or physical disabilities, cannot) consent to the marriage and duress is involved. Duress includes both physical and emotional pressure. It is very different from arranged marriage, where both parties give their full and free consent to the marriage.

Legislation

The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act was passed by the Scottish Parliament on 22 March 2011 to provide a specific civil remedy for those threatened with forced marriage and those already in such a marriage. The Act received Royal Assent on 27 April 2011 and came into force on 28 November 2011.

New legislation

From 30 September 2014, forcing someone into marriage was made a criminal offence in Scotland.

Forced marriage was made a criminal offence in England and Wales on 16 June 2014, under the same Act.

Useful Guidance

 

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