The legal age of marriage and civil partnerships in England and Wales is to be raised from 16 to 18 and penalties are to be introduced for those facilitating underage marriages.
The Marriage and Civil Partnership (Minimum Age) Bill, which was introduced in June 2021, was passed in parliament on Tuesday without opposition and is due to receive Royal Assent later this week.
This now means that the legal age of marriage is to be raised from 16 to 18 and adults could face jail for aiding underage marriages. The new law also applies to religious or cultural marriages not registered with a council but only pertains to England and Wales, not Northern Ireland and Scotland where the minimum age remains 16.
Currently children aged 16 and 17 can marry with the consent of their parents but the new bill proposes to make it illegal for anyone under the age of 18 to marry, signalling an end to what has been described as “child abuse” by Sajid Javid, initial sponsor of the Bill.
The new law also applies to religious or cultural marriages not registered with the couples’ local council. Children will not face penalties under the new law, however, adults who facilitate their marriage could face up to seven years in jail and a fine.
Conservative MP Pauline Latham, who introduced the bill after years of campaigners calling for it, said it would “transform the life chances of many girls”.
Sharon Priday, Managing Associate and family solicitor at Ince, commented:
“The change in the law is a welcome step in protecting our vulnerable children in society who will have previously been forced into a ‘child marriage’. Any parties involved in the arrangement of such marriages will now face criminal charges and a lengthy prison sentence – clear deterrents for anyone involved in the crime.
There will of course be a detrimental impact on other young individuals who freely want to formalise their relationships. 16 to 18-year-olds may wish to marry for various reasons, including: one party joining the army; a child being born or family reasons. The disappointment to some is outweighed by the need to protect other young individuals from the significant harm caused by forced marriage.”
