Marriage age increases

The age at which someone could get married or form a civil partnership has caused increasing controversy in recent years. People could get married at 16 or 17 if they had parental consent. However, this limit is out of line with the age when most 'adult' rights are enjoyed and the lower age for marriage has been of concern in relation to arranged marriages in particular.

The government has announced that the Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on 27 February 2023. It means that 16 and 17 year olds will no longer be allowed to marry or enter a civil partnership, even if they have parental consent.

A couple can get married or form a civil partnership in England or Wales if they are:

• 18 or over
• not already married or in a civil partnership
• not closely related.

Same sex couples can convert a civil partnership into a marriage in England or Wales. The age of 18 is widely recognised as the age at which one becomes an adult and gains full citizenship rights.

It is now illegal and a criminal offence to exploit vulnerable children by arranging for them to marry, under any circumstances whether or not force is used. The government states that the change will crack down on forced marriages which can cause lasting damage on a child and forms part of the government's continued commitment to tackle violence against women and girls.

Those found guilty of arranging child marriages face sentences of up to seven years in prison.

Child marriage is often associated with domestic abuse towards girls, leaving education early, limited career opportunities, and serious physical and mental health problems. The change honours the government's commitment to the pledge made to the United Nations to end child marriage by 2030.

Previously forced marriage was only an offence if the person uses a type of coercion, for example threats, to cause someone to marry.

It is now an offence to cause a child under the age of 18 to enter a marriage in any circumstances, without the need to prove that a form of coercion was used. This includes non-legally binding 'traditional' ceremonies which would still be viewed as marriages by the parties and their families.

The Act does not change the age of marriage in Scotland or Northern Ireland as marriage is a devolved matter.

To discuss this or any other family matter, contact us.