Forced marriage is a serious human rights abuse. It happens when someone is made to marry without freely and fully giving their consent. While often hidden, forced marriage can affect anyone—regardless of their background, age, gender, or sexuality.
In Australia, forced marriage is illegal and treated as a form of modern slavery. If you or someone you know is at risk, there are laws and support services available to help.
What Is a Forced Marriage?
A forced marriage occurs when one or both people are pressured, threatened, or tricked into getting married. Sometimes it’s through physical violence or being held against their will. Other times, it’s emotional or psychological pressure—being told they’ll shame the family or community if they refuse.
Importantly, it’s still a forced marriage if:
- The person is too young or lacks the mental capacity to understand the marriage.
- The person gives in out of fear rather than genuine choice.
- The marriage takes place in Australia or overseas.
This is not the same as arranged marriage, where both people consent. Australia recognises arranged marriages as legal.
Australian Laws on Forced Marriage
1. Criminal Code Act 1995 (Cth)
Under the Commonwealth Criminal Code:
- It’s a crime to force someone into a marriage.
- It’s also illegal to be a party to a forced marriage if you knew (or suspected) the other person didn’t consent.
- Offences apply to legal, cultural, or religious ceremonies, including those held overseas.
Penalties:
- Up to 7 years in prison
- Up to 9 years for aggravated offences (e.g., involving minors)
- Up to 25 years if a child is taken overseas for a forced marriage
2. Marriage Act 1961
A marriage is void if:
- One party didn’t give real consent
- One party was under the legal age of marriage
Minors (under 18) can only marry under strict court approval. No one under 16 can legally marry in Australia.
Signs Someone Might Be at Risk
Forced marriage often happens behind closed doors, but warning signs include:
- Sudden announcement of an engagement
- Extended absences from school, work or university
- Fear around an upcoming overseas trip
- High levels of family control or secrecy
- Signs of depression, self-harm or isolation
- No personal access to income, phone or transport
- Siblings also married young or withdrawn from school
If someone appears anxious or controlled in their personal life, they could be at risk.
What You Can Do
If you believe someone is at risk of forced marriage—or is already in one—seek help immediately. In emergencies, call Triple Zero (000).
Otherwise, contact:
- Australian Federal Police (AFP): 131 AFP or submit a confidential online report
- My Blue Sky: National service offering free, confidential legal support
📞 (02) 9514 8115 | 📧 [email protected] | SMS: 0481 070 844
Visit: www.mybluesky.org.au
How the Law Protects People at Risk
The Federal Circuit and Family Court of Australia can:
- Stop someone from being taken overseas
- Place a child on the Airport Watch List
- Order passports to be surrendered
- Issue protective injunctions or parenting orders
The goal is to protect the individual’s safety, especially children.
What Is NOT Considered a Forced Marriage?
- Sham marriages (entered for visa or immigration fraud) where both parties agree
- Arranged marriages where both parties consent freely
- Servile marriages (where a person is treated as property) are a different criminal offence
Support and Counselling
Support is available, even if you don’t want to press charges.
- 1800 RESPECT: 24/7 sexual assault, domestic and family violence service – 1800 737 732
- My Blue Sky: Specialist legal and social support for forced marriage
- AFP: Can help with safety, accommodation, counselling, and more
You can also remain anonymous when reporting.
In Summary
Forced marriage is a violation of human rights and is illegal in Australia. Whether it’s physical threats or subtle emotional manipulation, any form of non-consensual marriage is unlawful. Help is available. If you’re concerned about someone—or yourself—don’t wait. Support is confidential and free.