New Forced Marriage Act Will Offer Hope to Many Say Family Law Specialists Woolley & Co

Dec. 4, 2008 - PRLog -- South Derbyshire based family lawyer Andrew Robotham, who works for Woolley & Co, specialises in domestic violence issues and is a Resolution Accredited Specialist in this field, he said, “Forced marriage is an awful issue that needed some serious attention.  
“Working for a specialist family law firm means that I come into contact with both men and women who have had to endure the emotional agony of a forced marriage, and this new act will hopefully protect the victims from this removal of basic human rights.”
The Act enables a party to apply for a Forced Marriage Protection Order (an FMPO). The principal aim of the Act is to prevent forced marriages from taking place in the first place and to stop attempts to force a party into marriage. If the marriage has already taken place, there are additional powers to protect the victim and enable the party to move away from the relationship, without having to worry about their divorce rights.  You could say that the new act will allow for an annulment, without getting a divorce.
Mr Robotham, from family law specialists Woolley & Co added, “It has yet to be seen if the introduction of the Forced Marriage Protection Order, will or will not work, but if it does this could be one of the most ground-breaking acts of parliament to be passed in a very long time.”
Despite common confusion, a forced marriage is not the same as an arranged marriage.  In a forced marriage, one or both parties do not consent.  With many cases going un-reported, due to fear of reprisals from family members or to minimise the embarrassment caused, it is believed there are many more cases than the 400 dealt with last year by the forced marriages unit at the Foreign and Commonwealth Office.
The opportunity to apply for a Forced Marriage Protection Order is also not limited to the “wronged party” alone but will also be open to organisations such as the NSPCC, police and local authorities to name but a few. There are also opportunities for extended family members to apply, subject to being granted permission by the court.
Not only can the order be made against the principal perpetrator but also against third parties involved who may attempt to coerce, threaten or force the victim or encourage another person to do so.
The orders made by the court can even apply to parties not even named as respondents, if it can be shown that they were aware of the circumstances and the pressure being applied.
Applications can be made without notice being given to the respondents and can incorporate a power of arrest meaning that anyone breaching the order can be arrested and charged.
Examples of orders that can be made include the following:   
1.   To seize or suspend a party’s passport.
2.   To reveal the whereabouts of a person
3.   To prevent contact
4.   To change a name
5.   To prevent a forced marriage from occurring
6.   To stop someone from being taken abroad
7.   To stop intimidation and violence
The orders made will relate to conduct not just in the UK but also overseas.
Andrew Woolley, managing partner at the Stratford-Upon-Avon based family law firm, said, “A Forced Marriage Protection Order (FMPO) may be made for a specified period or until varied or discharged.  A power of arrest can be attached if the respondent has used or threatened violence, which would allow arrest without a warrant if the order is breached.  At Woolley & Co we see this as a very positive step and we hope that the introduction of this act will prevent many from the pain and suffering of a forced marriage.”
For more information please contact Andrew Robotham at Woolley & Co solicitors on 0800 321 3832

Editor’s Note: Woolley & Co. Solicitors is represented by search engine optimisation agency, Top Position. Please direct all press queries to Tina Clough. Email: tina@topposition.co.uk or call: 01623 726233

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Woolley & Co. Solicitors are family law specialists, operating throughout the UK. Their web site, www.family-lawfirm.co.uk, includes an extensive selection of articles covering every aspect of divorce as well as a free, downloadable in-depth guide to undergoing a divorce and overcoming any unseen complications that may arise.
Find out more about getting a divorce with a fixed fee divorce lawyer at www.family-lawfirm.co.uk