HA R R I SON CL A R K R ICKE R BY S CHANGE TO LEGAL MARRIAGE AGE AND THE
IMPORTANCE OF PRE- AND POST-NUPTIAL AGREEMENTS
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Getting married at 16 is often romanticised in films and literature as runaway couple heading to Gretna Green – but the reality is startlingly different.
While we all want our children to be happy, entering into wedlock at such a young age – whether with someone their own age or older – could be detrimental to their wellbeing.
All too often we hear stories of forced or arranged marriages taking place between children. However, a new law aims to stop this practice and provide a safer environment for children.
AGE RISE TO 18 In April, the law in England and Wales changed to raise the legal age for marriage to 18. It’s no surprise that there’s been very little opposition in parliament to this, but it mustn’t be forgotten that it has taken campaigners a long time to get to this stage.
The change in the law is to protect vulnerable young people from being forced into marriage. Under the new law, children - those under the age of 18 - can no longer get married or enter into a civil partnership, even if they have parental consent.
The new law will also apply to cultural or religious marriages that are not registered with the local council, and any marriages that are happen outside of England and Wales involving those under the age of 18. Adults found to have ignored the changes and to have facilitated the marriage of a minor could face up to seven years in prison and a hefty fine. The new law will not affect the validity of any marriages that have taken place already and will not affect the current rules
around divorce. It will not apply to marriages in either Northern Ireland or Scotland.
If anyone is forced into a marriage after the age of 18, there is an absolute bar on presenting an application for divorce until the parties have been married for one year, as there always has been. This is despite the new ‘no fault’ divorce procedure we have advised many clients to take advantage of.
The changes to the age of consent will no doubt have a number of repercussions but will provide a long overdue additional level of protection for minors being forced into marriage.
PRE- AND POST-NUPTIAL AGREEMENTS This change in the law highlights how turbulent marriage can sometimes be. While no one enters marriage expecting to get divorced, pre- and post-nuptial agreements can help safeguard the future.
Before getting married, having a written agreement which outlines the future of your finances and assets should you get divorced can be a vital document – even if you never have to use it. If you decide to divorce, a post-nuptial agreement can mirror that of the pre-nup.
For more information, please contact James Osborne. 01905 744 998 07715 060 331
josborne@hcrlaw.com
LIVE24-SEVEN.COM
BUSINE SS & EDUCATION HCR
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