Forced marriage
A forced marriage exists when a person marries without freely and fully consenting as a result of being coerced, threatened or deceived, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity. This is different from an arranged marriage where both parties consent to the marriage being organised by their families. Causing a person to enter a forced marriage is a criminal offence under the Commonwealth Criminal Code Act (1995) (see especially sections 270.7A and 270.7B); and due to the absence of ‘real consent’, a forced marriage would be void under the Commonwealth Marriage Act (1961).
Forced marriage cases might differ from other DFV cases, as parent/s, relatives and religious leaders (among others) may be involved in trying to bring about a forced marriage. Forced marriage is conceptualised as a slavery-like practice because it deprives people of their equal enjoyment and exercise of basic human rights and freedoms. The circumstances in which a person is coerced, threatened or deceived so as to diminish or negate their capacity to voluntarily consent to marriage may also involve a range of domestic and family violence behaviours, including physical violence, honour-based violence, threats to kill or harm, restriction of movement or psychological oppression. In some cases, dowry abuse is part of the coercion leading up to a forced marriage. These behaviours may be perpetrated by the other party or members of either party’s family who seek to control behaviour that challenges cultural norms, to protect family honour, or to prevent a marriage that is considered unsuitable. The person may be sent overseas to be forcibly married, or seek asylum in Australia to avoid forced marriage in their country of origin; or a non-citizen forcibly married in Australia may fear being returned to their country of origin and having to face family punishment.
Available data in Australia indicates forced marriage is a practice that disproportionately affects women and girls. The AFP-led Australian Centre to Counter Child Exploitation (ACCCE) has stated that forced marriage is the most reported human trafficking offence in Australia, accounting for 91 reports in 2023-24, which represented almost 25 per cent of the 382 reports received that year across all human trafficking offence types.
However, forced marriage may still be underreported. Some of the reasons for underreporting include: social stigma, family pressure, financial constraints, actual and threatened further violence and abuse, concerns about the welfare of children, lack of access to legal information or representation, and fear of deportation where the perpetrator threatens to withdraw sponsorship of the victim’s temporary immigration visa. Furthermore, a repercussion of coming forward for CALD peoples can be complete isolation from whole community and loss of all supports. Isolation can place a person at greater risk of returning to a risky situation where DFV may occur or escalate.
Individuals that are in (or at risk of) a forced marriage, may find it challenging to tell others about their situation, and as such, the AFP have created a list of signs that may indicate that a person is in a forced marriage, or at risk of being made to enter into a forced marriage:
a sudden announcement that the person is engaged
the person's older brothers or sisters stopped going to school or were married early
the person's family have a lot of control over the person's life which doesn't seem normal or necessary (for example, the person is never allowed out or always has to have somebody else from the family with them)
the person displays signs of depression, self-harming, social isolation and substance abuse
the person seems scared or nervous about an upcoming family holiday overseas
the person spends a long time away from school, university or work
the person often does not come to, or suddenly withdraws from school, university or work
the person does not have control over their income
the person is unable to make significant decisions about their future without consultation or agreement from their parents or others
there is evidence of family disputes or conflict, domestic violence, abuse or running away from home
Where a child is at risk of forced marriage a party may, under the Family Law Act 1975, apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders prohibiting conduct that would enable the marriage, for example confiscating passports, restraining the child’s removal from the country, or placing the child on the Airport Watch List or an injunction (Family Law Act 1975, s68B). Currently, there are no equivalent provisions available to adults at risk of forced marriage; however, they may seek protection under applicable domestic and family violence legislation.
People who are experiencing, or are at risk of experiencing forced marriage, or know someone who is experiencing or at risk of experiencing forced marriage should contact the AFP via telephone on 131 237, or use the AFP’s human trafficking online information report. Individuals and communities affected by forced marriage can also seek specialised advice and support from My Blue Sky, which is Australia’s national service for people who are in or at risk of a forced marriage and is delivered by Anti-Slavery Australia. Lastly, Life Without Barrier’s Forced Marriage Specialist Support Program (FMSSP), funded by the Federal Government, is available to assist people in or at risk of forced marriage.
Forced marriage may be one aspect of a complex pattern of behaviours engaged in by perpetrators in order to control another person, sometimes referred to as coercive control.
Last updated: August 2025
Forced marriage
A forced marriage exists when a person marries without freely and fully consenting as a result of being coerced, threatened or deceived, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity. This is different from an arranged marriage where both parties consent to the marriage being organised by their families. Causing a person to enter a forced marriage is a criminal offence under the Commonwealth Criminal Code Act (1995) (see especially sections 270.7A and 270.7B); and due to the absence of ‘real consent’, a forced marriage would be void under the Commonwealth Marriage Act (1961).
Forced marriage cases might differ from other DFV cases, as parent/s, relatives and religious leaders (among others) may be involved in trying to bring about a forced marriage. Forced marriage is conceptualised as a slavery-like practice because it deprives people of their equal enjoyment and exercise of basic human rights and freedoms. The circumstances in which a person is coerced, threatened or deceived so as to diminish or negate their capacity to voluntarily consent to marriage may also involve a range of domestic and family violence behaviours, including physical violence, honour-based violence, threats to kill or harm, restriction of movement or psychological oppression. In some cases, dowry abuse is part of the coercion leading up to a forced marriage. These behaviours may be perpetrated by the other party or members of either party’s family who seek to control behaviour that challenges cultural norms, to protect family honour, or to prevent a marriage that is considered unsuitable. The person may be sent overseas to be forcibly married, or seek asylum in Australia to avoid forced marriage in their country of origin; or a non-citizen forcibly married in Australia may fear being returned to their country of origin and having to face family punishment.
Available data in Australia indicates forced marriage is a practice that disproportionately affects women and girls. The AFP-led Australian Centre to Counter Child Exploitation (ACCCE) has stated that forced marriage is the most reported human trafficking offence in Australia, accounting for 91 reports in 2023-24, which represented almost 25 per cent of the 382 reports received that year across all human trafficking offence types.
However, forced marriage may still be underreported. Some of the reasons for underreporting include: social stigma, family pressure, financial constraints, actual and threatened further violence and abuse, concerns about the welfare of children, lack of access to legal information or representation, and fear of deportation where the perpetrator threatens to withdraw sponsorship of the victim’s temporary immigration visa. Furthermore, a repercussion of coming forward for CALD peoples can be complete isolation from whole community and loss of all supports. Isolation can place a person at greater risk of returning to a risky situation where DFV may occur or escalate.
Individuals that are in (or at risk of) a forced marriage, may find it challenging to tell others about their situation, and as such, the AFP have created a list of signs that may indicate that a person is in a forced marriage, or at risk of being made to enter into a forced marriage:
a sudden announcement that the person is engaged
the person's older brothers or sisters stopped going to school or were married early
the person's family have a lot of control over the person's life which doesn't seem normal or necessary (for example, the person is never allowed out or always has to have somebody else from the family with them)
the person displays signs of depression, self-harming, social isolation and substance abuse
the person seems scared or nervous about an upcoming family holiday overseas
the person spends a long time away from school, university or work
the person often does not come to, or suddenly withdraws from school, university or work
the person does not have control over their income
the person is unable to make significant decisions about their future without consultation or agreement from their parents or others
there is evidence of family disputes or conflict, domestic violence, abuse or running away from home
Where a child is at risk of forced marriage a party may, under the Family Law Act 1975, apply to the Federal Circuit and Family Court of Australia (FCFCOA) for parenting orders prohibiting conduct that would enable the marriage, for example confiscating passports, restraining the child’s removal from the country, or placing the child on the Airport Watch List or an injunction (Family Law Act 1975, s68B). Currently, there are no equivalent provisions available to adults at risk of forced marriage; however, they may seek protection under applicable domestic and family violence legislation.
People who are experiencing, or are at risk of experiencing forced marriage, or know someone who is experiencing or at risk of experiencing forced marriage should contact the AFP via telephone on 131 237, or use the AFP’s human trafficking online information report. Individuals and communities affected by forced marriage can also seek specialised advice and support from My Blue Sky, which is Australia’s national service for people who are in or at risk of a forced marriage and is delivered by Anti-Slavery Australia. Lastly, Life Without Barrier’s Forced Marriage Specialist Support Program (FMSSP), funded by the Federal Government, is available to assist people in or at risk of forced marriage.
Forced marriage may be one aspect of a complex pattern of behaviours engaged in by perpetrators in order to control another person, sometimes referred to as coercive control.
Last updated: August 2025