Forced marriage protection orders

Copyright © 2024 LexisNexis

Forced marriage protection orders

A forced marriage is a marriage that takes place without the full and free consent of both parties.

Force is not restricted to direct threats of violence and can include coercion by threats or other psychological means. The force can be directed against another person in an attempt to force the person to be protected into marriage.

Under the Family Law Act 1996 (FLA 1996), the court can make a forced marriage order (FMPO) that can be used to protect the person who has been, or is being, forced into marriage against their will by imposing restrictions against the effecting of marriage and requirements such as the surrender of passports.

The court may make an FMPO as a result of a free-standing application or without an application being made, of the court's own volition in other family proceedings. The court can make an order of its own initiative in any other family proceedings where it considers it should be made to protect a person and where a potential respondent is involved in those proceedings.

In deciding whether to make an FMPO, the

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.

Online Procedure Rule Committee minutes—2024 in review

The Online Procedure Rule Committee (OPRC), established under the Judicial Review and Courts Act 2022 (JRACA 2022), creates rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions (CFT). The OPRC holds regular meetings, for which the minutes are published. This News Analysis summarises the key developments in 2024 and looks forward to potential future developments.

Family weekly highlights—19 December 2024

This week's edition of Family weekly highlights includes details of the Family Procedure (Amendment No 2) Rules 2024, the Law Commission scoping paper on financial remedies on divorce and dissolution and minutes from the Online Procedure Rule Committee meetings. The Family Procedure Rules 2010 Practice Direction Update No 7 of 2024 is also considered. Recent judgements on representation and procedural unfairness, inter-country adoption and strike out of an application for nullity are considered. Three new graphics added to Practice Notes in Family Practical Guidance are also set out.

Law Commission scoping paper on financial remedies on divorce and dissolution

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

View Family by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Occupation orders

Occupation ordersOccupation ordersAn occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship.Essentially, an

Applications to set aside past dealings—MCA 1973, s 37

Applications to set aside past dealings—MCA 1973, s 37This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (or the Civil Partnership Act 2004 (CPA 2004) equivalent) to set aside a financial transaction to a

Non-molestation orders

Non-molestation ordersThis Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
Occupation orders

Occupation orders

Occupation ordersOccupation ordersAn occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship.Essentially, an

Applications to set aside past dealings—MCA 1973, s 37

Applications to set aside past dealings—MCA 1973, s 37

Applications to set aside past dealings—MCA 1973, s 37This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (or the Civil Partnership Act 2004 (CPA 2004) equivalent) to set aside a financial transaction to a

Non-molestation orders

Non-molestation orders

Non-molestation ordersThis Practice Note explains the criteria that the court must have regard to when considering an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who can apply for a non-molestation order and who are associated persons

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of