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On 28 April 2022, the Marriage and Civil Partnership (Minimum Age) Act 2022 received royal assent and will come into force on 27 February 2023.
The effect of the act will be to raise the minimum age for someone to get married or enter into a civil partnership from 16 to 18 in England and Wales. It will also make it a criminal offence for anyone who is convicted of carrying out any conduct for the purpose of causing a child to enter into a marriage in England and Wales before the child’s 18th birthday. The conduct is not confined to violence, threats or other coercive behaviour and also includes conduct taking place outside of England and Wales.
This means that 16 and 17-year-olds will not be able to get married or enter a civil partnership even with parental or judicial consent after 26 February 2023. The aim of the Act is to provide children with further protection against forced marriage and abuse.
Prior to the act coming into force, forced marriage was only an offence if the person used coercion such as threats or if they lacked capacity to consent to marry. This expansion will make it an offence in all circumstances to do anything intended to cause a child under the age of 18 to marry before they attain this threshold.
At Birkett Long LLP, our family solicitors are able to advise parents who are separating or considering separation about arrangements for their children as well as financial and other issues that arise. All of our family solicitors are members of Resolution, an organisation whose members are committed to dealing with family law issues amicably and putting the best interests of the children first.
We offer free initial no obligation telephone calls with our solicitors to discuss how we can help. I can be contacted on 01206 217305 or via email at karen.johnson@birkettlong.co.uk.
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