{"id":14812,"date":"2023-01-28T17:10:51","date_gmt":"2023-01-28T17:10:51","guid":{"rendered":"https:\/\/agrlaw.co.uk\/?p=14812"},"modified":"2023-01-28T17:11:56","modified_gmt":"2023-01-28T17:11:56","slug":"marriage-age-raised-to-18-in-england-and-wales","status":"publish","type":"post","link":"https:\/\/agrlaw.co.uk\/marriage-age-raised-to-18-in-england-and-wales\/","title":{"rendered":"Marriage age being raised to 18 in England and Wales"},"content":{"rendered":"

February 2023 sees new laws coming into effect which raise the marriage age in England and Wales to 18. Previously, people aged 16 and 17 were able to marry or enter a civil partnership with parental consent.<\/p>\n

Why is change needed?<\/strong><\/p>\n

The new laws aim to end coercive or abusive child marriages by stopping those under 18 from being forced to wed under any circumstances.<\/p>\n

Currently, forced marriage is only seen as an offence if the person facilitating it uses coercion, such as threats, to pressure someone to marry or if the person lacks the mental capacity to consent to marriage.<\/p>\n

In 2021 more than 20 organisations, including charities and women\u2019s rights organisations working to protect women and children, wrote a letter to the prime minister stating that young people were not sufficiently protected.<\/p>\n

They warned that previous legislation failed to protect young people as laws allowing 16 and 17-year-olds to marry were being exploited. They also said there was no provision to prevent religious or customary child marriages from taking place at any age. They urged the government to criminalise child marriage, saying it is invisible but \u2018thriving\u2019 in the UK.<\/p>\n

The letter also talked about the onus on the child to secure their own protection and speak out against their family and community, which can have dangerous consequences.<\/p>\n

It’s thought that safeguarding children from forced marriage will increase their opportunities to complete education and personal development, reduce social exclusion and isolation, boost employment opportunities, stop cases of domestic abuse, sexual abuse and \u2018honour\u2019 based violence, and prevent complications in pregnancy and childbirth.<\/p>\n

How big a problem is child marriage in the UK?<\/strong><\/p>\n

Data from the Office of National Statistics (ONS) shows 3,096 marriages involving children aged 16 and 17 were registered in England and Wales between 2007 and 2017. However, these statistics don\u2019t fully reflect the situation as data on non-registered religious or customary child marriages, or those which take place abroad, is not captured. This means child marriage is largely hidden.<\/p>\n

In 2020 the UK\u2019s Forced Marriage Unit dealt with 199 cases involving children under 18. This was 26% of their total cases, and 79% of victims and survivors were female from across 54 countries outside of the UK, illustrating the scale of the global problem.<\/p>\n

Honour-based abuse charity Karma Nirvana says that since 2017, their national Honour Based Abuse Helpline has responded to over 400 cases relating to child marriage.<\/p>\n

The new marriage laws<\/strong><\/p>\n

Under the new laws under 18s will not face penalties for marrying, but adults who facilitate underage weddings (including those who take their children abroad to marry), may be fined and face up to seven years in prison.<\/p>\n

The new law applies to all marriages – registered marriages which are recognised under British law and both unregistered and registered religious or customary marriages.<\/p>\n

Other possible changes to marriage law in England and Wales<\/strong><\/p>\n

The main law surrounding marriage is decades old, and the government feels it doesn\u2019t reflect modern life. They asked the Law Commission of England and Wales to review legislation due to concerns it isn\u2019t working for many couples.<\/p>\n

The Commission published its report on marriage laws in July 2022. The review recommended overhauling the current laws to increase choice for couples (whilst preserving the dignity of weddings and safeguarding religious groups\u2019 practices and rules) and simplifying the legal framework to support and celebrate marriage.<\/p>\n

In brief:<\/p>\n