Forced Marriage and the Forced Marriage Protection Order

This Article Explains the Forced Marriage Protection Order

Forced marriage is illegal in England and Wales and a serious violation of human rights. It happens when a person is coerced, threatened, or manipulated into marriage without their full and free consent. If you, or someone you know is at risk of forced marriage, it is important to act quickly. Forced Marriage Protection Orders (FMPO) can be obtained to safeguard victims.

In this article, our experienced Legal Aid funded, Forced Marriage Solicitors explain the definition of forced marriage, the role of Forced Marriage Protection Orders, and how we can help you or someone you know facing such challenging situations.

What is Forced Marriage?

It is important to note at the outset that a forced marriage is different from an arranged marriage. In an arranged marriage, both parties enter the union voluntarily, even if family members or community leaders help introduce the couple or facilitate the logistics. In contrast, a forced marriage deprives one or both individuals of their freedom to choose. Victims of forced marriage may face extreme pressure to comply, including through physical violence and emotional blackmail. In certain cases, documents such as passports are confiscated, or personal freedom is restricted to make it impossible for the individual to escape the situation.

Although this issue has sometimes been associated with specific religious or cultural communities, forced marriage can affect anyone, regardless of background, ethnicity, or faith. Children have also been forced into marriages, which is especially alarming. The psychological, emotional, and physical toll on victims can be devastating and long-lasting.

What is a Forced Marriage Protection Order (FMPO)?

A Forced Marriage Protection Order (FMPO) is a legal document issued by the Family Court with a set of directions to protect those who are already in, or at risk of, a forced marriage. It can be made against anyone in or outside the UK involved in forced marriages, including the victim’s own family members. A Forced Marriage Protection Order (FMPO) is effectively like an injunction that can be used to prohibit perpetrators from doing certain acts, such as:

• Making arrangements for the forced marriage
• Engaging in intimidating or violent behaviours towards victims
• Removing victims from the country
• Contacting the victim (directly or indirectly)

They can also be used to require the person’s named in the order to:

• Return / handover passports
• Make sure a young person attends school
• Reveal a person’s whereabouts

Who Can Apply for a Forced Marriage Protection Order?

• Victims at risk of or already in forced marriages
• Relatives and friends of the victim on their behalf
• Voluntary organisations, local authorities, or other official persons asked for help

Anyone applying on the victim’s behalf needs permission from the court, unless they are counted as a ‘relevant third party’ (such as a local authority).

How to Apply for a Forced Marriage Protection Order

To secure a Forced Marriage Protection Order (FMPO), the necessary paperwork must be completed and sent to the Family Court. Experienced Legal Aid funded, forced marriage solicitors like Tyrer Roxburgh can help you prepare a strong application to get you the protection you need when you need it most.

The relevant forms are:
– Form FL401A when you apply for yourself
– Form FL430 if you need the Court’s permission to apply on someone else’s behalf
– Form C8 if you wish to keep your address private (for safety or confidentiality reasons)

Along with the court form, you must provide a sworn witness statement explaining why you need the Forced Marriage Protection Order and the specific protections you want the court to direct.

What Happens After I File My Application for a Forced Marriage Protection Order?

Without Notice: Depending on the urgency or level of danger, a judge may proceed with your application without notifying the respondents. This measure offers immediate protection in high-risk situations. The court will then schedule another hearing at a later, giving the respondents a chance to present their positions, at which point the order may be amended, overturned, or remain in place.

With Notice: If your application moves forward on notice, the court will issue a notice of the hearing which must be served on the respondents along with the processed court forms and your statement. You can use Form D89 to request the Family Court to serve documents on your behalf, typically via a court bailiff. This is especially useful if you have personal safety concerns about serving the papers yourself. Otherwise, you will need to file a statement of service with the court afterwards (Form FL415) which confirms how, when and where you gave the respondents the papers.

What Happens After A Forced Marriage Protection Order is Issued?

Once the court issues a Forced Marriage Protection Order, it remains legally binding until the court decides otherwise (for example as a result of an application to vary or discharge the order). If the person who is subject to the order breaches any of its directions—for example by threatening, contacting, or attempting to coerce the victim—they can face serious consequences, including 5 years’ imprisonment and hefty fines.

Can I Get Legal Aid for Forced Marriage Protection Orders?

Applying for a Forced Marriage Protection Order can be stressful, and many people require professional help. There is no court fee for filing the application itself, but Legal Aid may be available to eligible individuals to get help from a solicitor in obtaining the order and/or having a person who has breached the order committed. Availability for Legal Aid for Forced Marriage Protection Orders is means and merits tested as follows: if however the Local Authority issue proceedings due to concerns of your child being at risk of a forced marriage, you would automatically qualify for legal aid. Contact our specialist forced marriage solicitors for more information and they can help to assess if you qualify for Legal Aid. Please contact our specialist forced marriage solicitors who can assess if you qualify.

Means Test

Subject to certain deductions, the financial eligibility criteria is based on income and capital thresholds as follows:

• Gross monthly income: Must be £2,657 or less
• Disposable monthly income: Must be £733 or less
• Disposable capital: Must not exceed £8,000

Merits Test

The Legal Aid Agency also looks at the strengths and weaknesses of your case. They consider:

• The likelihood of success (or the protective benefit) in pursuing the Forced Marriage Application Order.
• Whether the legal costs are proportionate to the outcome sought.

In forced marriage cases involving domestic abuse or a high risk of harm, applicants are generally more likely to meet the merits test.

How Tyrer Roxburgh Solicitors Can Help

At Tyrer Roxburgh Solicitors, we specialise in solicitors specialise in forced marriage protection and offer expert legal representation to individuals facing forced marriage. We understand the severity and emotional factors involved and are committed to providing confidential, compassionate support throughout the legal process. Our team can advise you on the application process for a Forced Marriage Protection Order, help gather evidence and represent you in court. If you require financial assistance, for those who qualify for Legal Aid we can also help you with the application process.

Contact Tyrer Roxburgh Solicitors today if you or someone you know are at risk of forced marriage.