Forced Marriage (Civil Protection) Act 2007

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  • Topic: Court of Appeal of England and Wales, Judiciary of England and Wales, Supreme Court of the United Kingdom
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  • Published : May 19, 2013
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Forced Marriage (Civil Protection) Act 2007
CHAPTER 20

CONTENTS
1 2 3 4 Protection against forced marriage: England and Wales Protection against forced marriage: Northern Ireland Consequential amendments etc. Short title, commencement and extent

Schedule 1 Part 1 Part 2 Part 3 Part 4 Schedule 2 Part 1 Part 2

— — — — — — — —

Protection against forced marriage: Northern Ireland Forced marriage protection orders Enforcement Jurisdiction and procedure Supplementary Consequential amendments England and Wales Northern Ireland

ELIZABETH II

c. 20

Forced Marriage (Civil Protection) Act 2007
2007 CHAPTER 20

An Act to make provision for protecting individuals against being forced to enter into marriage without their free and full consent and for protecting individuals who have been forced to enter into marriage without such consent; and for connected purposes. [26th July 2007]

B
1

by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— E IT ENACTED

Protection against forced marriage: England and Wales After Part 4 of the Family Law Act 1996 (c. 27) insert— “PART 4A FORCED MARRIAGE Forced marriage protection orders 63A Forced marriage protection orders (1) The court may make an order for the purposes of protecting— (a) a person from being forced into a marriage or from any attempt to be forced into a marriage; or (b) a person who has been forced into a marriage. In deciding whether to exercise its powers under this section and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected.

(2)

2 (3)

Forced Marriage (Civil Protection) Act 2007 (c. 20)

In ascertaining that person’s well-being, the court must, in particular, have such regard to the person’s wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person’s age and understanding. For the purposes of this Part a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A’s free and full consent. For the purposes of subsection (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person. In this Part— “force” includes coerce by threats or other psychological means (and related expressions are to be read accordingly); and “forced marriage protection order” means an order under this section. Contents of orders A forced marriage protection order may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms; as the court considers appropriate for the purposes of the order. The terms of such orders may, in particular, relate to— (a) conduct outside England and Wales as well as (or instead of) conduct within England and Wales; (b) respondents who are, or may become, involved in other respects as well as (or instead of) respondents who force or attempt to force, or may force or attempt to force, a person to enter into a marriage; (c) other persons who are, or may become, involved in other respects as well as respondents of any kind. For the purposes of subsection (2) examples of involvement in other respects are— (a) aiding, abetting, counselling, procuring, encouraging or assisting another person to force, or to attempt to force, a person to enter into a marriage; or (b) conspiring to force, or to attempt to force, a person to enter into a marriage. Applications and other occasions for making orders The court may make a forced marriage protection order— (a) on an application being made to it; or (b) without an application being made to it but in the circumstances mentioned in subsection (6). An application may be made by— (a) the person...
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