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Marriage and Civil Partnership (Minimum Age) Bill - Sitting 1
12 January 2022
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses the Marriage and Civil Partnership (Minimum Age) Bill, specifically Clause 1 which aims to increase the minimum age for marriage to 18. The statement addresses the Marriage and Civil Partnership (Minimum Age) Bill which aims to increase the minimum age for marriage in England and Wales from 16 to 18. The statement discusses amendments to the Marriage Act and Civil Partnership Act in England and Wales regarding the minimum age for marriage and civil partnership. The speaker discusses the issue of child marriages in the UK and internationally, highlighting the need for legislative action to prevent child marriage. The statement discusses the current legal inconsistencies in the minimum age for marriage and highlights the need for policy changes. The MP discusses concerns about the current legal framework for assessing decision-making capacity to consent to marriage, particularly for individuals with marginal capacity due to mental conditions. The statement congratulates the hon. Member for Mid Derbyshire on her Marriage and Civil Partnership Bill which aims to raise the minimum legal age for marriage and civil partnership to 18.
Action Requested
No specific action is requested beyond discussing the clauses of the bill. The speaker indicates that Clauses 2 to 9 will also be discussed along with the schedule.
Key Facts
- No amendments have been tabled.
- There will be a single debate covering all nine clauses and the schedule.
- The number of people marrying legally in England and Wales at ages 16 or 17 is declining; only 134 out of nearly 235,000 marriages in 2018 involved one or both persons aged 16 or 17.
- In 2020, the Government's Forced Marriage Unit provided advice and support in 113 cases involving potential marriage of a child under 15.
- The Bill aims to protect children from all forms of marriage by criminalising any conduct that causes a child under 18 to enter into a marriage.
- Clause 3 increases the minimum age of civil partnerships to 18 in England and Wales.
- The Civil Partnership Act will be amended so that a partnership registered by two people domiciled in England or Wales is void if either was under 18 at registration.
- Clause 4 extends some provisions to Scotland and Northern Ireland regarding recognition of overseas relationships involving individuals domiciled in England and Wales who were under 18.
- Internationally, 12 million girls are married before the age of 18 each year.
- In the UK, 3,096 marriages involving children aged 16 and 17 were legally registered between 2007 and 2017.
- Karma Nirvana has offered support in 76 cases of child marriage last year, with only 5% being registered.
- The current legal position on consent to marry is seen as bizarre and contradictory.
- The Mental Capacity Act 2005 excludes decisions like marriage from proxy decision making for those lacking capacity.
- Parental consent can be used for marriage between ages 16 and 18, which the speaker finds problematic.
- The Mental Capacity Act 2005 provides criteria for assessing decision-making capacity for marriage.
- Courts interpret common law tests for consent to sex and marriage closely, with different thresholds applied.
- Recent cases have included consideration of a person’s assets in the test for capacity to marry.
- There is concern about how civil and criminal cases interact regarding individuals who lack capacity to consent to sex.
- The Marriage and Civil Partnership Bill aims to raise the minimum legal age for marriage and civil partnership to 18.
- In 2017, official figures show that 183 individuals entered marriage at ages 16 or 17 in England and Wales.
- The Bill also makes it illegal for persons to arrange the marriage of a person under the age of 18.
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