Everyone in Australia has the right to choose who, when and if they marry. Making someone get married when they don’t want to is never acceptable and is a crime in Australia.
Forced marriage is when someone is made to get married without their free and full consent. This means they did not agree to the marriage by their own choice. Forced marriage can happen when someone is coerced (through manipulation, control or violence), threatened, tricked or told lies.
It also happens when someone is incapable of understanding what a marriage ceremony means, or if they are under the age of 16 when they are married. Children under the age of 16 cannot marry in Australia because they cannot legally agree.
Forced marriage is a crime in Australia. It is against the law to force someone to get married or to help make this happen.
It is also illegal to take or send someone to another country to force them to get married. No one can make someone get married if they don’t want to.
Anyone from any background can experience forced marriage. Young women and girls are most at risk, but people of all ages, genders, sexual orientations, cultures or religions can be forced into a marriage.
Forced marriage is a type of modern slavery in Australia, but it is also linked to family and domestic violence, gender-based violence and honour-based violence.
Forced marriage is one of the most common types of modern slavery reported to the Australian Federal Police. (Find out about other types of modern slavery.) It differs from arranged and sham (fake) marriages.
Arranged and sham (fake) marriages are not forced marriage
Arranged marriages occur where family or community members play a leading role in introducing or choosing someone’s spouse, with both parties consenting to the marriage. Arranged marriages are legal in Australia.
Sham marriages take place when a fake marriage is willingly entered into by both parties for fraud. Sham marriages are illegal in Australia.
What forced marriage looks like
A forced marriage may involve a cultural, religious or civil ceremony, be carried out in a registry office or place of worship, a home or the community, and may occur in Australia or overseas.
Someone experiencing forced marriage may be pressured by their family for a long time, both before and after the marriage ceremony. There may also be domestic and family violence. It may be hard for someone in this situation to know what to do or where to get help.
In addition to general warning signs of modern slavery, there are other signs that someone might be in or at risk of forced marriage.
Family pressures
A person in or at risk of forced marriage may:
- have a family history of elder siblings marrying early, being worried about marrying early, or leaving education
- have family with strong cultural or religious expectations
- express concern regarding an upcoming family holiday or overseas travel
- make a sudden announcement they are engaged
- have taken part in an engagement or commitment ceremony (religious or cultural)
- worry about shaming or dishonouring their family if they fail to meet expectations
- show evidence of economic or dowry abuse, including:
- family members or others seeking to profit from a proposed marriage or engagement
- ongoing demands for cash or material goods
- threats made when financial obligations or arrangements are not met.
Personal wellbeing and mental health
They may:
- show signs of depression, self-harm, suicide attempts, panic attacks, social isolation or substance abuse
- show evidence of running away from home or isolation from the community
- show evidence of family or domestic violence within the family unit
- have a personal or family history of unwanted pregnancy
- show conflict or concern about the risks of not going ahead with an agreed marriage or engagement
- be worried about physical or psychological violence if they don’t meet family or community expectations
- have a history of female genital mutilation or circumcision.
Controls and restrictions
They may:
- be highly controlled by family or community members in and outside of the home, including:
- surveillance
- always being accompanied
- limited or no control of finances
- limited or no control over life decisions, education, and career choices.
- have communications monitored or restricted
- be pressured to support their partner’s visa to Australia
- show intergenerational and cultural conflict within the home.
Education and employment impact
They may:
- have a long absence from education, a drop in performance, or low motivation
- show a poor or decreasing attendance or performance in the workplace.
Forced marriage is a serious crime
In Australia, it is against the law to force someone into a marriage. It is also against the law to marry someone who is being forced into a marriage.
Under Australia’s Criminal Code, the penalty for forced marriage includes jail for up to 7 years, or 9 years if the person forced into marriage is under the age of 18.
If someone being forced to marry is moved – within Australia or to or from another country – for the marriage, this could be human trafficking. The penalty for human trafficking includes jail for up to 20 years, or 25 years for child trafficking.
Case study: High school student is forced to marry
Ayla is a 17-year-old high school student in Australia.
Ayla’s parents take her to visit her relatives. They tell her that she would only be able to go back to school if she agrees to marry a man they've chosen for her. Ayla has never met this man but marries him so that she can return to school.
Ayla’s parents told her that when she turns 18, she will have to sign migration papers for him so that he can get a permanent visa and live with her in Australia.
Back at school, Ayla’s teacher notices that she seems depressed and has taken a lot of time off school. Her teacher also sees that Ayla’s family seem to be very strict and controlling.
When the teacher asks Ayla if she is okay, Ayla tells her what happened. She says she feels like a slave, and never wanted to marry her husband. Ayla feels trapped and is scared of what might happen if she tries to leave her family.
Ayla asks her teacher for help, and with Ayla’s consent, her teacher contacts the Australian Federal Police (AFP). Although Ayla does not want her parents or ‘husband’ to be prosecuted, the AFP are able to help her access support, including safe accommodation, financial support, legal advice and counselling. This allows Ayla to work towards the future she wants for herself without getting her parents into trouble.
My Blue Sky – run by Anti-Slavery Australia – is Australia's national forced marriage service. They can provide free, confidential advice and support. Call (02) 9514 8115, text +61 481 070 844, email help@mybluesky.org.au or visit the My Blue Sky website for support and free, confidential legal advice.
Find out more about how to get help for yourself, support someone else or report suspected modern slavery.
Need urgent help? If you or someone you know is not safe, or it is an emergency, phone Triple Zero (000) and ask to speak to the police. You can ask for an interpreter if you need one.
Lina, age 17, had a boyfriend her parents didn’t approve of. When she went overseas with her family, they forced her to marry someone else. They threatened to harm her boyfriend’s mother and sister if she didn’t. Watch Lina’s story to find out how she got help.