Forced marriage

Forced marriage is when someone is made to get married without their free and full consent. This means they did not agree to the marriage by their own choice. 

Forced marriage can happen when someone is coerced (through manipulation, control or violence), threatened, tricked or told lies. 

It also happens when someone is incapable of understanding what a marriage ceremony means, or if they are under the age of 16 when they are married. Children under the age of 16 cannot marry in Australia because they cannot legally agree.  

Some types of coercion are obvious and easy to identify. For example, using physical or sexual violence, or refusing to let somebody leave a particular place or location until they accept the marriage. Other types of coercion are less obvious because they involve psychological and emotional pressure. These types of coercion can include making a person feel responsible for, or ashamed of the consequences of not marrying, such as bringing shame on their family.

A forced marriage may involve a cultural, religious or civil ceremony, be carried out in a registry office or place of worship, a home or in the community, and may occur in Australia or overseas. Australia’s offences capture the conduct of any person involved in bringing about the forced marriage, including family members, friends, wedding planners and marriage celebrants.

Forced marriage is not limited to any particular cultural group, religion or ethnicity. There are reports of forced marriage from all over the world. Anyone can be a victim of forced marriage, regardless of their age, gender or sexual orientation. While men and boys can be victims of forced marriage, most reported victims are young women and girls.

Forced marriage is a serious crime

Forced marriage is a crime in Australia. It is illegal to cause a person to enter a forced marriage, and to be a party to a forced marriage. Being a party to a forced marriage means agreeing to marry a person who you know or suspect is a victim of forced marriage, unless you are a victim of the forced marriage yourself.

Australia's forced marriage offences carry a maximum penalty of 7 years of imprisonment, or 9 years of imprisonment for an aggravated offence. 

An offence may be aggravated in several circumstances, including where the victim is under the age of 18. If the victim is under the age of 18 and is taken overseas for the purpose of forced marriage, the maximum penalty increases to 25 years of imprisonment.

Arranged and sham marriages

It is important to note that forced marriage is distinct from arranged and sham marriages. Arranged marriages are legal and occur where family or community members play a leading role in introducing or choosing a spouse, with both parties consenting to the marriage. Sham marriages take place when both parties willingly enter into a fake marriage for fraudulent purposes.

Australia's response to forced marriage

Australia's response to forced marriage forms part of the Australian Government's strategy to combat modern slavery. Forced marriage can also be a form of family and domestic violence and is a type of gender‑based and honour-based violence.

Related legislation

The Marriage Act 1961 (Marriage Act) sets out the rules for getting married in Australia.

The Marriage Act also sets out when a marriage may be void. This includes if the consent of a party was not real, or if a party was not of marriageable age at the time of the marriage. 

The Marriage Act establishes that the legal age of marriage is 18. A person who is 16 or 17 can marry someone who is 18 or older where they have obtained:

• a court order based on there being exceptional and unusual circumstances
• parental consent. 

The underage person must also understand what marriage means and freely agree to marry. It is illegal for any person under the age of 16, or 2 people under the age of 18, to marry.

Sometimes children and young people are taken overseas to be forcibly married. This is against the law in Australia. The Federal Circuit and Family Court of Australia (FCFCOA) can make orders under Part VII of the Family Law Act 1975 to prevent a child from being taken overseas to marry. The FCFCOA is able to make orders to:

• prevent a passport being issued for a child
• require a person to surrender a child or accompanying adult's passport to the Court
• prevent the removal of a child from Australia
• request that the Australian Federal Police place the child's name on the Airport Watch List.

Public consultation on enhancing civil protections and remedies for forced marriage

The Australian Government is working with state and territory governments to tackle the issue of forced marriage through a coordinated national approach. This includes enhancing civil protections and remedies for people in or at risk of forced marriage.

From 29 July to 23 September 2024, the government conducted a public consultation to inform this important work. The government:

• held targeted in-person consultation meetings in every state and territory
• met with a range of stakeholders online
• received written submissions
• conducted targeted consultations with people with lived experience.

Find out more about the forced marriage public consultation.