Campaigners Hail UK's New Law Raising Minimum Marriage Age to 18
The Marriage and Civil Partnership (Minimum Age) Act 2022 came into effect on 27th February 2023, after gaining Royal Assent in April 2022. This new law raises the minimum age of marriage in England and Wales to 18,
This means that 16- and 17-year-olds will no longer be allowed to marry or enter a civil partnership, even with parental consent. Those found guilty of arranging child marriages face sentences of up to 7 years in prison.
Why has the law changed?
The new law honours the UK government's commitment to a pledge made to the United Nations to end child marriage by 2030.
The UN is pushing for every country to end child marriage by 2030, as the practice is often associated with girls leaving education early, limited career opportunities, and serious physical and mental health problems.
This change in the law was introduced via a Private Member's Bill brought to Parliament by Pauline Latham OBE MP. This Bill was widely supported by campaign groups within the ‘Girls Not Brides Coalition’
Campaigners have long argued that a legal loophole allowing 16- and 17-year-olds to marry with parental consent was being exploited to coerce young people into child marriage.
Previously, forced marriage was only an offense if the person used coercion, such as threats, to get someone to marry. This is no longer the case. It is now an offense to cause a child under the age of 18 to enter a marriage in any circumstance.
This includes non-legally binding 'traditional' ceremonies, which would still be viewed as marriages by the parties and their families. The law will automatically recognize children married under the age of 18 as victims of forced marriage.
A Milestone for Safeguarding
The change to legislation is considered a significant milestone in child protection, with campaigners hailing it as a huge victory for survivors.
The new law is expected to increase identification and reporting, affording greater protection to children at risk.
Pauline Latham MP, who brought the Private Members Bill to parliament heralded the new legislation as a ‘landmark day for the campaigners’ who have been striving to get the law changed for the past 5 years.
The minister for safeguarding, Sarah Dines, commented on the change, saying:
“Forced marriage is an abuse of human rights which denies vulnerable children the freedom to learn, grow and thrive. Like all other forms of abuse, I’m committed to stamping out this exploitative practice.”
“In addition to this welcome new legislation, we are also continuing to provide training and guidance to equip the police, social workers and other frontline professionals to support and safeguard victims.”
Echoing these sentiments, Dominic Raab, Secretary of State for Justice, said:
“This law will better protect vulnerable young people, by cracking down on forced marriage in our society.
Those who act to manipulate children into marrying under-age will now rightly face the full force of the law.”
Scotland and Northern Ireland
The new law only affects the legal marriage age in England and Wales. In Scotland and Northern Ireland, the age remains at 16. This is because marriage is a devolved matter.
The SNP have stated they are not planning on changing the rules in Scotland. In a statement, Health Secretary Humza Yousaf, a favourite to replace Nicola Sturgeon as head of the SNP, said changing the law was ‘not a significant priority’.
He went on to say:
"I think at the moment we have good laws in place for our children and there are safeguards that are in place here in Scotland."
This is despite a recent poll showing that only 17% of Scots thought that 16- and 17-year olds should be allowed to marry.
In Northern Ireland, ministers have previously stated they are planning on raising the marriage age to 18. However, this change is likely to be delayed as the devolved government is not currently functioning.