Forced Marriage Protection Orders
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What are Forced Marriage Protection Orders?
FGM Protection Orders
A Forced Marriage Protection Order (FMPO) is a civil injunction granted by the Family Court under the Forced Marriage (Civil Protection) Act 2007. It is designed to protect a person from being forced into marriage or to protect someone who has already been forced into a marriage. Breaching an FMPO is a criminal offence punishable by up to 5 years in prison.
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Who can apply: The person at risk, a Local Authority, the Police, or a friend/family member (with court permission).
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What it does: It sets strict conditions, such as surrendering passports or prohibiting travel, to prevent the victim from being taken abroad.
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Legal Defence: If you have been served with an FGMPO based on false allegations, you have the right to legal representation to challenge it.
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The Consequence: Breaching an order is a criminal offence carrying a maximum sentence of 5 years in prison.
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Funding: Legal Aid is generally available for applicants and respondents (subject to eligibility).
What is Forced Marriage?
Forced marriage is a serious issue that is recognised in the UK as a violation of human rights as well as a form of abuse. It occurs when one or both parties are pressured or coerced into getting married without their free and full consent.
In 2021, the UK government handled 337 cases of suspected forced marriage. Victims ranged from adolescents to adults in their 30s, and the majority were women, which reflects the gendered nature of this abuse. Additionally, a significant number of cases involved transnational elements.
Despite increasing awareness as well as legal interventions, the hidden nature of forced marriage as well as its transnational elements make accurate prevalence rates difficult to determine. Victims are often deterred from seeking help because of reporting barriers, such as cultural stigmas or fear of retaliation. If you or someone you know is affected by forced marriage, the law offers several ways to protect your rights.
How Forced Marriage Protection Orders (FMPOs) Work
The law in the UK provides a civil remedy through the implementation of Forced Marriage Protection Orders (FMPO), under the Forced Marriage (Civil Protection) Act 2007. These orders are designed to protect both individuals at risk and those already involved in a forced marriage.
Who Can Apply for an FMPO?
A person who is to be protected by the order, or someone on behalf of that person such as a solicitor or Local Authorities can apply for an FMPO. You can apply for an FMPO by filling out a form on the Government Website.
Emergency Protection Without Notice
For emergency protection, the Court can make an Order without notice. You will need to fill out a form, and a write a witness statement including what happened, that you want the forced marriage protection order to be made, and why the court should deal with the application without notifying the other parties why you need emergency protection. The respondents will not be notified of an application; however, they will be notified once the order has been made.
How We Can Help
You can contact us for further information on how to apply for an FMPO. We will listen to your instructions, write your witness statement on your behalf, and represent you at your next hearing. There are no court fees applicable for making an application, and legal aid might be available subject to a means test.
Court Considerations and Enforceability
The court will examine the facts of the case and assess the evidence to take effective and proportionate measures. If you apply for emergency protection, the Orders can be made within one day. The conditions and directions of a Forced Marriage Protection Order are legally binding.
What an FMPO Can Include
The measures taken by the FMPO can include preventing someone from having threatening interactions with the person to be protected, even confiscating a passport or seize assets to prevent the person at risk from being taken abroad for a forced marriage. A relevant party could be directed from the Court to be involved in the proceedings as the Court’s powers are wider ranging, so often anyone who is believed to be involved in forcing a marriage, can be cited as a Respondent to the application. Very often in cases, this is usually older siblings or other adult family members such as grandparents or uncles and aunts.
Consequences of Breaching an FMPO
Disobeying court orders can result in a sentence of up to two years, however breach of a Forced Marriage Protection Order is also a criminal offence with a maximum sentence of 5 years’ imprisonment. Additionally, if the Court is in the view that any person is withholding information or interfering with the court being able to exercise its powers, a custodial sentence could also be ordered.
Forced Marriage and the Criminal Law
In addition to FMPOs and the punishments enforced under this legislation, forced marriage is also criminalised in the UK under the Anti-Social Behaviour, Crime and Policing Act (2014). Based on this legislation, it is a crime to use threats, violence, or other coercion such as deception to force another person into marriage. If someone is convicted, they can face up to seven years in prison.
Your Options
In the case of forced marriages, the marriage can be rendered void and therefore can be annulled. To discuss the options of annulment or applying for a forced marriage protection order, get in touch with our specialist team led by Director Ravi Kaur Mahey. Ravi and her team have extensive experience in this area of law and will be able to assist.
At Carwright King, we understand how distressing such a situation can be. Our compassionate and experienced solicitors are here to help. We can guide you through the legal process to tailor a solution for you.
Your safety and well-being are our top priorities. Contact us today for a confidential consultation and take the first step toward reclaiming your freedom and rights if you are at risk of a forced marriage, or know someone who is.
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Frequently asked questions.
Can I take my child on holiday if an FGM Protection Order is in place?
It depends on the specific terms of the order. Often, the court will require you to surrender the child’s passport to prevent travel to countries where FGM is practiced. If you need to travel for a genuine reason (e.g., a family wedding or funeral), we can apply to the court for permission, but you will need to prove there is no risk of FGM occurring.
Will I get a criminal record if an FGM Protection Order is made against me?
No. An FGM Protection Order is a civil order, not a criminal conviction. It does not appear on a standard DBS check. However, if you breach the order (disobey its terms), that is a criminal offence which can lead to a prison sentence and a criminal record.
How long does an FGM Protection Order last?
The court decides the duration based on the risk. It can be for a specific time (e.g., until the child turns 18) or indefinite. If circumstances change and the order is no longer needed, we can apply to the court to have it discharged (ended).
Is FGM reporting mandatory?
Yes, for certain professionals. Teachers, social workers, and healthcare professionals have a mandatory duty to report to the police if they discover that FGM has been carried out on a girl under 18. Failure to report can result in disciplinary action.
This page, “Understanding Forced Marriage and its Legal Remedies”, has been written by Cartwright King’s Child Law Director, Ravi Kaur Mahey.