What is a ‘forced marriage’?
A forced marriage is a marriage in which one or both people do not, or cannot, consent or agree to the marriage.
We have a short film which explains what forced marriage is, and how it works:
This film is also available in Hindi, Urdu or Sylheti.
For people with learning disabilities, forced marriage can take place in two ways:
- The person cannot consent to marriage because they don’t understand what marriage is about.
- The person is forced to marry someone when they don’t want to.
Sometimes family members think they are doing the right thing when they arrange for a marriage involving a relative with a learning disability, as they think they are finding someone to care for their relative. This relative may even seem happy about the marriage, even if they can’t legally give their consent.
Because of this, families may not realise that the marriage is “forced”. But if someone does not have enough understanding to consent for themselves, this is still a forced marriage, and thus against the law.
Arranging a marriage for someone who lacks capacity to consent is forcing them into an unlawful marriage.
For more information on forced marriage see Information Sheet 1.
What is ‘capacity to consent to marry’?
In order to marry lawfully, a person must have the capacity to consent to marriage.
- Capacity means the ability to make a decision.
- Consent means giving permission for that decision.
The person getting married must have this capacity, and they must give their consent. Nobody else can make decisions, or give permission, on behalf of another person.
It isn’t just a case of saying “yes”, or “I do”. To have capacity to consent to marry, you must fully understand the decision you are making, and what you are agreeing to.
To consent to marriage, you need to understand what marriage is, and what it involves. For example, you need to understand the implications concerning where you will live and sleep. You also need to understand the potential for a sexual relationship, and the possible implications of sex, such as pregnancy and health issues.
You may believe you are not forcing your relative to marry because they are not objecting or they seem happy. But if the person cannot fully understand the decision and the impact of that decision, arranging for them to marry would be unlawful.
- For more information on capacity to consent to marry see Information Sheet 4.
- For more information on the law see Information Sheet 2.
If you are unsure if your relative is able to consent and give their permission, please look further down this page for how to get help.
If they think oh no, there is no care, nobody is going to look after my son or daughter, then maybe they will force their son or daughter
Helpful tips – Do
- Make sure the person getting married wants to do so, and has the capacity to consent to the marriage.
- Get help from someone like a social worker or a health worker if you or someone else is at risk of forced marriage. You can also contact the Forced Marriage Unit on 020 7008 0151, or email fmu@fcdo.gov.uk.
- Call the police on 999 if you are someone else is in immediate danger.
- Get help from someone like a social worker or health worker if you are unsure someone can consent for themselves.
- Read the fact sheets and workbooks, and watch the film on our resources page to learn more.
Helpful tips – Don’t
- Arrange a marriage for someone unless they are agreeing to it, and have the capacity to consent.
- Assume someone has capacity to consent just because they say yes, or they seem happy.
- Ignore someone if they tell you they are worried about a forced marriage. Whether they are worried about themselves or someone else, listen to them, and give them the support they need.
What to do if you need help, or someone you know needs help
If you or someone you know is being forced to marry, tell someone. This could be a social worker, a teacher, a nurse, a GP, or a friend of relative who you can trust to help you.
If it is an emergency, contact the police on 999.
For help and advice, including on marriages which take place overseas, contact the Forced Marriage Unit on 020 7008 0151 or email fmu@fcdo.gov.uk.
To get help from a social worker, contact your Local Authority and ask for an Adult Safeguarding Assessment. You can find out how to contact your Local Authority.
What to do if you are unsure whether or not someone has capacity to consent to marriage
Professionals including social workers and clinical psychologists can assess a person’s capacity to consent to marry. To do this, they will use the Mental Capacity Act 2005.
You can ask your GP to arrange for a capacity assessment. You can also contact your Local Authority, and ask to speak to the Community Learning Disability Team. Find out how to contact your Local Authority.
If the assessment finds that your relative does not have the capacity to consent to marriage, then it may be possible to arrange for support for them to develop capacity, such as through the assistance of a social worker or health professional.
Remember: Parents and other family members or friends cannot decide for someone else to marry if they cannot consent themselves. This is against the law, and can lead to up to 7 years in prison and an unlimited fine.
Visit the My Marriage My Choice resources to find workbooks and films which will help you learn more about forced marriage and the capacity to consent.
Find Out More About the My Marriage My Choice Research Project
My Marriage My Choice started as a research project led by social work researchers at the University of Nottingham. You can learn more about the project.