Forced marriage protection orders

The following Family practice note provides comprehensive and up to date legal information covering:

  • Forced marriage protection orders
  • What is a forced marriage?
  • Offence of forced marriage
  • Criteria for a forced marriage protection order
  • Forced Marriage Unit
  • Which court?
  • Applicant
  • Respondent
  • Party status
  • Permission to apply
  • More...

Forced marriage protection orders

When sections 120–121 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) came into effect on 16 June 2014:

  1. breach of a forced marriage protection order (FMPO) became an offence

  2. forced marriage became an offence

The new criminal offences work alongside existing civil legislation ie FMPOs allowing victims to pursue a civil or criminal option.

The procedural rules relating to FMPOs are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 11. A pilot scheme that affects certain aspects of the procedure for an application for a FMPO is in effect from 26 April 2021. FPR 2010, PD 36W superseded FPR 2010, PD 36H, which is revoked. FPR 2010, PD 36W—Pilot Scheme: Procedure for notification of certain protection orders to the police by email, sets up a pilot scheme to allow for notification to the police of certain orders to be sent to a centralised email address. It also pilots a change to the timescale within which protection orders must be served, and the removal of a requirement to serve a record of a hearing when serving certain orders. See: Practice Direction 36WH—Pilot scheme Procedure for notification of certain protection orders to the police by email.

What is a forced marriage?

A forced marriage is a marriage that takes place without the full and free consent of both parties.

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