force marriage happens when one party is compelled to get married to the other party
Marriage is a solemn union that should be freely entered by a man or woman for life. Before the celebration, couples should take note of the significant principles that may affect the validity of a marriage. First, a marriage cannot be entered without the approval of the other party. Second, a marriage should be entered by free will. Notwithstanding the legal capacity to marry, if the woman did not consent to the marriage, the man cannot forcibly make her sign a marriage contract.
Force marriage happens when one party is compelled to get married to the other party. It can happen on many of occasions and may be connected to some of the significant criminal offences, such as slavery, labour trafficking, human trafficking, and organ trafficking. The Australian jurisdiction perceives forced marriage as a “slavery-like” practice amounting to a serious criminal offence.
The problem of forced marriages has recently been a centre of controversy in Australia. A recently presented legislation suggested that forced marriages should be criminalized, in regards to forced labor and organ trafficking. In effect, individuals In effect, individuals who are found guilty of forcing another person to marry may face a prison sentence of at least 7 to 12 years.
There can be many instances that lead to force marriage.
Some of the common illustrations would include parents fixing marriages without the knowledge of the child involved, a person brought to another country to unpredictably sign a marriage contract, a woman threatened to be killed unless approving to the marriage, or marrying for reason of migration. Media reviews also show that some of the parties were just told by their family to go for an offshore holiday not knowing about the awaiting marriage ceremony. It is not also impossible for some people to get married to somebody they do not know in exchange for gifts and other financial incentives.
The reason why force marriage is punishable under the law can be connected to issues in education. Lawyers would argue that force marriage deprives individuals of their freedom to move, education, and independence. There is also a high risk that the party compelled to get married to will suffer from psychological and physical abuse.
Young individuals can be easily forced, fooled, and confronted to consent to a wedding. If this is the case, the parties engaged can take any necessary legal action to stand against forced marriage. If you believe that you may be pressured into marriage or your marriage is highly against your will, please contact Armstrong Legal to be given an appropriate legal support.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.