Savannah Taylor
19/05/2023
Reading time: three minutes
The change itself
Previously, the legal age of marriage in England and Wales was 16 with parental consent and 18 without it. This meant that children as young as 16 could legally marry with the permission of their parents. However, in recent years, this raised concerns about the potential for exploitation, abuse and forced marriage – all of which can have physical, emotional and psychological consequences on young people.
For these reasons, the legal age of marriage in England and Wales was raised to 18 at the end of February. However, the legal age of marriage won’t change in Scotland and Northern Ireland (both still at 16). Through the introduction of the Marriage and Civil Partnership (Minimum Age) Act 2022, which came into force on the 27th of February 2023, 16 and 17-year-olds are no longer allowed to marry or enter a civil partnership, even if they have parental consent. It’s a criminal offence to exploit vulnerable children and arrange for them to marry, and those guilty of arranging child marriages face sentences of up to seven years in prison.
Why has the change come into action?
The decision to raise the legal age of marriage to 18 in England and Wales was based on a review of the evidence and consultation with experts. The review found that early and forced marriage is a serious problem in the UK, with an estimated 2,000 cases per year.
The review also highlighted long-term harm caused by early and forced marriage, including an impact on:
Raising the legal age of marriage to 18 is a significant step towards protecting the rights and wellbeing of children. Child marriage often sees girls leave education prematurely and suffer domestic abuse associated with serious physical and mental health problems. MP Dominic Raab hopes that the change will help to “crack down on forced marriages” and tackle the violence against women and girls.
The legislative changes show the UK government’s commitment to ending the practice of early and forced marriages and to prioritise the rights of children and young people. The change also brings the UK in line with international human rights standards including the United Nations Convention on the Rights of the Child, which states that the minimum age of marriage should be 18.
Is there public support for the change?
The change has received much public support, with many valuing the positive impact it’ll have on the protection of children’s human rights.
Campaigners have “hailed” the new law, which has been described as “a significant milestone in child protection” and have been working relentlessly for more than five years to ban child marriage in England and Wales. The charity, Karma Nirvana, which has protected girls from child marriage, called the change in legislation a “huge victory for survivors” and noted how it’ll provide greater protection for children at risk of the hidden abuse of some child marriages.
Now that England and Wales are in line with international standards on the legal age of marriage, the United Nations is pushing for all countries to follow by 2030.