
If there has been an element of force or duress
involved in your marriage by members of your family or community
then you may have what is called a forced marriage. This
will need to be examined and seen from an objective stand point
and the fact that yours was an arranged marriage alone is not sufficient
to qualify.
We can assist you to obtain a divorce or if you
prefer a decree of nullity. This would be on the basis that
you did not validly consent to your marriage and it whether in
consequence of duress, mistake, unsoundness of mind or otherwise.
This will make your marriage voidable from the
date the decree is pronounced by the court rather than void from
the beginning, the marriage is held to have existed until it is
actually avoided The advantage in nullity as against divorce
proceedings is that it could help you to avoid stigma within your
community. Public Funding is available for nullity proceedings.
We will also ensure that you have a full list
of other services that are available both locally and nationally
particularly the ones that have experience of assisting women escaping
from forced marriages and domestic violence.
After a decree of nullity all the usual powers
of the Court and the full range of ancillary relief orders are
available in relation to children, property and finances.
Under normal circumstances clients are often
referred to mediation or to a collaborative lawyer to see if an
alternative method of resolving the issues could be achieved. However
this will not be appropriate in a forced marriage situation. We
would seek to rely on negotiations between us and your husband’s
solicitors including meetings between those solicitors when appropriate
and taking the matters to be decided by the Court if necessary.
There is a National Plan for domestic violence
which included the setting up of the Forced Marriage Unit for joined
up interdepartmental working between the Foreign Office and the Home
Office if the forced marriage took place abroad and the parties are
still living abroad.