Legal age to marry increased to 18

The minimum age to get married is to be raised to 18, bringing nuptials in line with age requirements for voting, serving on a jury and drinking alcohol in a pub. 

 

Ministers are understood to be ready to back a Private Member's Bill by the former home secretary Sajid Javid, which will end the current practice that allows 16-year-olds to marry with parental consent.

 

In an attempt to end forced nuptials, his Bill will make it illegal for anyone to marry under the age of 18. The move comes after a cross-party campaign to close a loophole that can lead to children being pressured or coerced into a marriage. The current law allows a marriage to take place if one of the couple is under 18 through the "legal exception" of parental consent. The responsibility is on the child to protest if they feel the marriage is forced - but it is rare for them to report it to authorities as most are just 16 or 17 and still at school. 

 

In the 10 years to 2016 there were 3,354 marriages involving 16 and 17-year-olds - although figures do not include non-registered or cultural marriages, such as some Islamic marriages, or marriages that take place abroad. Last year the Home Office's forced marriage unit dealt with 574 cases involving children aged 17 and under. The minimum age of 16 was set in 1929 when living together or pregnancy outside marriage were socially unacceptable, campaigners say this is now "out of date and in need of revision". 

 

16-year-olds will still be able to drive a moped or invalid carriage, consent to sexual activity with others aged 16 and over, drink wine or beer with a meal if accompanied by someone over 18, get a national insurance number and join a trade union.  The change, which could be enacted within a year, brings marriage into the same timeline as waiting for the right to vote (though not in Scotland), to open a bank account in their own name, perform professionally abroad, serve on a jury, get a tattoo, buy cigarettes or alcohol, sue or be sued. 

 

Mr Javid said he had looked into changing the law when he was home secretary in Theresa May's government., saying that he viewed 16-year-olds being forced to marry as "child abuse". "The British Government is working tirelessly to end child marriage in the developing world and yet our own laws are permitting child marriage by the back door," he said. "Indeed, when Bangladesh lowered the legal age of marriage from 18 to 16, ministers there were said to have directly pointed to our laws to justify their move. It's clear that we must legislate to close this loophole so that vulnerable children cannot be pushed into such serious and life-changing commitments before they are ready."

 

A Ministry of Justice spokesman said: "The Government supports raising the legal age for marriage to protect vulnerable children and will outline its next steps in due course." The change has been backed by Conservative MPs are Pauline Latham, who unsuccessfully presented a similar Private Member's Bill in 2018, and Chris Philp, the immigration minister. In 2019 attempt to by Sarah Champion, the Labour MP, to change the law was supported by Sir Graham Brady, chairman of the 1922 Committee of Conservative MPs, who said the detail of any legislation would need to be studied closely.

 

Justice ministers have indicated to Mr Javid that they will back his Bill and give it time on the floor of the House of Commons, all but guaranteeing it will be passed. It is expected to get cross-party support.