The Act makes it a criminal offence for a person to aid, abet or encourage any child under 18 to enter into any form of marriage, and a criminal offence for a responsible person such as a parent or guardian to fail to protect a child from entering into any form of marriage. The offences are punishable by up to seven years in prison.
The law applies to religious and cultural marriages in England and Wales, as well as those registered with the local authority. The law in Scotland, where the minimum age is 16 and no parental consent is required, and in Northern Ireland, where 16- and 17-year-olds can marry with parental consent, remain unaffected.
Nicky Hunter, partner at Stowe Family Law, said the reform ‘finally ended the archaic law in England and Wales that has allowed children aged 16 and 17 to be married, with the consent of their parents, even though they are legally considered to be children.
‘The Marriage Act 1949, which was in place up until [this week], legitimised child marriage in England and Wales. The mechanism of parental consent which existed under this law, whilst originally intended to be a safeguard against child marriage has, in reality, proved in many cases to be a vehicle for parental abuse.
‘Campaigners have long argued that the existing law has allowed children between the ages of 16-18 to be coerced into marriage without their consent and against their best interests, pointing to many cases where young people have been subjected to domestic abuse, some suffering lifelong harms, as well as losing opportunities for education, employments and personal growth and independence.’
Deborah Jeff, partner at Simkins, said: ‘It was high time that the law called out this abuse of children, shutting down this form of manipulation of forced marriage under the heading of “consent” of a parent. Of even greater significance is that it captures all forms of "marriage" even those not recognised by the law as being such.’
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