A Practical Guide to the Law of Forced and Incapacitous Marriages

Family Law

A Practical Guide to the Law of Forced and Incapacitous Marriages

By Adreeja Chatterjee
Law Brief Publishing February 2020

Specifications

ISBN-13
9781912687312
Publisher
Law Brief Publishing
Publication
February 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A Practical Guide to the Law of Forced and Incapacitous Marriages is the go-to practitioner’s guide on the UK law of forced marriages and how to navigate cases where a person legally lacks capacity to marry.

Readers will be guided through the framework of civil forced marriage protection orders and how they operate from start to finish, including what happens in the event of a breach. Also contained is an overview of the new criminal offence, as well as a detailed practical summary of the law for incapacitated adults, i.e. those who are unable to decide to marry because they lack capacity to do so, and common issues and pitfalls which arise for such adults in forced marriage protection orders in the Family Courts and the Court of Protection.

The book covers vulnerable adults who possess capacity to marry and protection for such individuals on the cusp of capacity, and also contains a section about remedies should the marriage be voidable due to lack of capacity.

Table of Contents

Chapter 1 – Introduction, Scale and Impact of Forced Marriages and the Work of the FMU
Chapter 2 – Definition of a Forced Marriage
Chapter 3 – Civil Forced Marriage Protection Orders Under Part 4A Family Law Act 1996
Chapter 4 – Case Summaries: Adults and Children
Chapter 5 – The Criminal Offence and Breach
Chapter 6 – Capacity
Chapter 7 – Forced/Incapacitous Marriages and the Court of Protection
Chapter 8 – Case Summaries: Adults Who Lack Capacity
Chapter 9 – Children and the Overlap With Care Proceedings
Chapter 10 – Remedies for Forced Marriages
Postscript
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