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Forced Marriage Law and Practice

By: Joshua Hitchens, Niamh Daly
Media of Forced Marriage Law and Practice
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Published: 04-02-2021
Format: Paperback
Edition: 1st
Extent: 400
ISBN: 9781526515957
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : £75.00

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Loren Epson

About Forced Marriage Law and Practice

This new book provides a comprehensive and practical treatment of this area of law and practice, an awareness of what remedies may be available and how they may be obtained, and how best to defend an application or prosecution.

Divided into six parts:

Part I discusses the definition of forced marriage, and sets out the law in three broad chapters: prevention (i.e. those remedies whose character is injunctive); punishment (i.e. punitive measures in respect of the conduct); and matrimonial consequences of a forced marriage (i.e the availability of decrees of nullity and declarations of non-recognition).

Part II discusses the most appropriate remedies in terms of the nature of the conduct in question. Human rights issues are also covered.

Part III discusses the procedure and relevant law for bringing and defending forced marriage related applications in the Family Court and the Family Division of the High Court and includes precedents.

Part IV describes the procedure and law for bringing and defending criminal prosecutions in relation to forced marriage.

Part V discusses the law, procedure and relevance of Court of Protection Proceedings in the context of forced marriage.

Part VI considers matters of best practice.

Table Of Contents

Part I: Law
Chapter 1: Introduction
Chapter 2: What is a Forced Marriage?
Chapter 3: Prevention
Chapter 4: Punishment
Chapter 5: Remedies Following a Forced Marriage
Chapter 6: Potential actions against Public Authorities

Part II: Choice of remedy
Chapter 7: Honour Based Forced Marriages
Chapter 8: Marriage for Immigration purposes
Chapter 9: Marriages where a party lacks capacity
Chapter 10: Otherwise vulnerable individual
Chapter 11: Human Trafficking and Organised exploitation

Part III: Law and Procedure in the Family Jurisdiction
Chapter 12: Interim Forced Marriage Protection Orders
Chapter 13: With notice, permanent Forced Marriage Protection Orders
Chapter 14: Disclosure into related procedures
Chapter 15: Appeals
Chapter 16: Decrees of Nullity
Chapter 17: Declarations of Non-Recognition

Part IV: Criminal Law and Procedure
Chapter 18: Forced Marriage Offences
Chapter 19: Human Trafficking and Modern Slavery Offences
Chapter 20: Interplay with Related Proceedings
Chapter 21: Appeals
Chapter 22: Role of Statutory Bodies

Part V: Court of Protection Procedure Law and Procedure
Chapter 23: Overview of the Mental Capacity Act 2005
Chapter 24: Circumstances in which Court of Protection Proceedings
may be necessary.
Chapter 25: Interplay with related proceedings.

Part VI: Best Practice
Chapter 26: International cooperation
Chapter 27: Role of Agencies
Chapter 28: Possible civil liabilities arising from failure to protect

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