Forced marriages in Australia explained and why they are a crime

Forced marriage is a slavery-like practice, an abuse of human rights and it is a serious crime. This is what you need to know.

Forced marriage is a slavery-like practice, an abuse of human rights and a serious crime. This is what you need to know.

Q: What is a forced marriage?

A: A forced marriage happens when a person gets married without freely and fully consenting to the marriage because they have been coerced, threatened or deceived, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity. Forced marriage is a slavery-like practice, an abuse of human rights and a serious crime.

Q: Do forced marriages happen in Australia?

A: Yes. Forced marriage can involve marriages that occur in Australia (including where a person was brought to Australia to get married), as well as situations where a person is taken from Australia to get married overseas.

Q: Is forced marriage a crime in Australia?

A: Yes. Forcing someone to get married is a crime in Australia under the Commonwealth Criminal Code Act 1995, and is punishable by up to seven years in prison. If the victim is under the age of 18, the penalty increases to nine years’ imprisonment, or 25 years’ imprisonment if the child is taken overseas for the purpose of forced marriage.

Q: Are forced marriages conducted in a religious or cultural ceremony covered by Australia’s forced marriage offences?

A: Yes. Australia’s forced marriage offences can apply to different kinds of marriage and marriage-like relationships, including registered relationships and those formed by cultural or religious ceremonies.

Q: Does the marriage have to take place in Australia for it to be covered by Australia’s forced marriage offences?

A: No. Australia’s forced marriage offences can apply to marriages that occur in Australia (including where a person was brought to Australia to get married), as well as where a person is taken overseas to get married.

Q: Who is covered by Australia’s forced marriage offences?

A: The offences can apply to any person with a role in bringing about the forced marriage – including families, friends, wedding planners or marriage celebrants.

Forcing someone to get married is a crime in Australia under the Commonwealth Criminal Code Act 1995, and is punishable by up to seven years in prison.

Q: Aren’t only people from certain backgrounds vulnerable to forced marriage?

A: No. Forced marriage is not limited to any particular cultural group, religion or ethnicity, and there are reports of forced marriage from all over the world.

Q: Are victims of forced marriage only women and girls?

A: No. While the vast majority of reported victims globally are young women and girls, men and boys can also be victims of forced marriage.

Q: Are forced marriages different from an arranged marriage?

A: Yes. Forced marriage and arranged marriage are very different. While an arranged marriage involves the spouse being introduced by a third party or family member, it requires the consent of both parties, who can agree or refuse to marry. Arranged marriages are legal in Australia.

Q: Can people under the age of 18 get legally married in Australia?

A: Yes. In some limited circumstances. The Commonwealth Marriage Act 1961 permits a marriage where one person is aged between 16 and 18 years of age and where there is both the required consent (usually parental) and an Australian court order is in force from a judge or magistrate authorising the marriage. Two people under the age of 18 cannot marry. In no circumstances can anyone under the age of 16 marry in Australia.

Q: If a marriage was forced, will it be recognised under the Marriage Act?

A: The Commonwealth Marriage Act 1961 includes provisions whereby a marriage is void if the consent of a party was not real, or if a party was not of marriageable age.

Originally published as Forced marriages in Australia explained and why they are a crime