Are Forced Marriage and Arranged Marriage the Same?

Forced marriage and arranged marriage are often spoken about in the same breath, yet they mean very different things in law. Under the law of England and Wales, a forced marriage is a criminal act that removes a person’s freedom to choose a life partner, while an arranged marriage can be perfectly lawful when everyone involved gives free consent. Knowing where the line is drawn matters: it could protect you or someone you care about from serious harm. This article explains the legal differences, describes the warning signs, and outlines what kind of help is available, including Legal Aid, when a marriage is forced.

What is an Arranged Marriage?

Forced marriage and arranged marriage should not be confused. In an arranged marriage, the families, friends, or a professional matchmaker introduce two people who may be compatible. The key element is choice. Each prospective spouse must give free and informed consent. They can say no without fear of reprisals and the wedding will not go ahead unless both of them genuinely agree.

Arranged marriages have long been a part of many cultures and faiths. When handled properly, they respect the autonomy of the couple while allowing families to play a supportive role. English law places no barrier on arranged marriages provided that:

• Each party is at least 18 years old (since 27 February 2023, the minimum legal age has risen from 16).
• Neither person lacks mental capacity to consent.
• Consent is freely given, without threats, deception, or undue pressure.

With those safeguards in place, an arranged marriage is perfectly lawful.

When Does an Arranged Marriage Become a Forced Marriage?

An arranged marriage turns into a forced marriage as soon as one or both parties lose the ability to say no. A forced marriage occurs where violence, threats, or any form of coercion are used to make someone marry, or where a person under 18 is involved, even if force is not apparent. This definition is set out in the Anti‑social Behaviour, Crime and Policing Act 2014 and was broadened by the Marriage and Civil Partnership (Minimum Age) Act 2022.

Coercion does not have to be physical. Emotional blackmail, financial control, or cultural shaming are all capable of removing real consent. Common warning signs include:

• Sudden travel plans abroad for a “family occasion”
• Older siblings marrying quickly after returning from overseas
• Strict monitoring of phone or social‑media use
• Threats to disown, isolate, or harm the person if they refuse

If any of these behaviours are present, the situation may already fall within the legal definition of forced marriage and the person being forced into the marriage should seek advice from a specialist forced marriage solicitor whose advice (subject to qualifying criteria) may be funded by Legal Aid.

The Law on Forced Marriage in England and Wales

Since 2014, it has been a criminal offence to force someone to marry. The maximum sentence is seven years’ imprisonment, rising to life imprisonment where other serious offences such as kidnapping or assault are involved. Breaching a Forced Marriage Protection Order (FMPO) is also a criminal offence carrying up to five years’ custody.

Key legal protections include:

• Forced Marriage Protection Orders: A Forced Marriage Protection Order made by the Family Court that can prevent a marriage, confiscate passports, and impose injunctions on relatives or others who are organising the wedding. FMPOs can also require the safe return of someone taken abroad.
• Criminal offences: Forcing a person to marry, taking someone abroad to be married, or assisting in the marriage of a child under 18 are all prosecutable.
• Children’s legislation: Local authorities can apply for wardship or other protective orders where a child is at risk.

Getting Help if You Are at Risk or Already in a Forced Marriage

If you fear that you may be forced into marriage (or if you are already married against your will) help is available immediately.

• Call 999 if you are in danger or need urgent protection.
• Contact the Forced Marriage Unit (FMU) on +44 (0)20 7008 0151. The FMU is a joint Home Office and Foreign, Commonwealth and Development Office team that gives confidential support and can help you get to safety.
• Contact the Refuge National Domestic Abuse Helpline (0808 2000 247) – 24‑hour support
• Contact Karma Nirvana (0800 5999 247) – specialist forced marriage and honour‑based abuse charity
• Speak to a trusted professional such as a teacher, GP, or social worker.
• Ask a specialist solicitor to apply for a Forced Marriage Protection Order on your behalf, even without telling your family in advance. Our specialist forced marriage solicitors, can help with the process and offer Legal Aid funded advice (subject to criteria – see below).

You do not need to handle this alone. Services are confidential, and interpreters can be arranged.

Legal Aid and How a Solicitor Can Support You

Legal Aid is public funding that can meet your solicitor’s fees and other legal costs. There is no court fee for applying for a Forced Marriage Protection Order, but most people need expert help to prepare the evidence and present the case.

You will usually qualify for Legal Aid if you:

• Have a gross monthly income of £2,657 or less, disposable monthly income of £733 or less and capital below £8,000 (certain deductions apply), and
• Satisfy a merits test showing that the order is likely to succeed or offers clear protection that justifies the cost.

Children under 18 who are at risk, and parents joined to local authority proceedings about forced marriage, are funded automatically. Where time is critical, a solicitor can obtain an emergency Legal Aid certificate online, often within hours, so the court can hear the application straight away.

• Prepare the court application quickly, often the same day.
• Obtain an emergency FMPO without notice if delay would put you at risk.
• Work with the police, the FMU, and social services to devise a safety plan.
• Secure Legal Aid funding so that you do not have to pay the legal costs up front.
• Represent you at every court hearing and make sure the order is enforced.

At Tyrer Roxburgh, our solicitors have extensive experience acting in forced marriage cases and can access Legal Aid wherever the merits and financial tests are met.

How Tyrer Roxburgh Can Help

Forced marriage is a serious abuse of human rights, but you are not powerless. Our family law team has protected many adults and children from being forced into marriage and has reunited clients who were taken abroad without their consent.

At Tyrer Roxburgh, We offer:

• Fast, confidential advice from qualified solicitors
• Emergency court applications across England and Wales
• Legal Aid assessments and funding, where eligible
• A compassionate, non‑judgemental approach

If you or someone you know is affected, contact Tyrer Roxburgh today for a free, confidential conversation. We are here to help you stay safe and take back control of your future.

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