Define Forced Marriage as Family Violence under the Family Law Act 1975 (Cth)

Author: Maddie Pryde | Publish date: 07/08/2025

Problem Identification: 

In Australia, forced marriage (FM) is not explicitly recognised as a form of domestic and family violence (DFV) under the Family Law Act 1975 (Cth).

Section 4AB(2) of the Family Law Act provides specific definitions of practices related to DFV. Legal and support responses respond primarily to these definitions. However, it does not include FM. 

As stated in the Australian Journal of Human Rights, the current singular legal response (i.e. treating forced marriage solely as a criminal matter) fails to capture the overlapping harms, including coercive control, that FM and DFV share. The Salvation Army has further argued that the exclusion of FM from the Act has created gaps in legal recognition, resulting in missed opportunities for intervention.

Context: 

FM refers to a practice in which a person is married without being ‘fully and freely’ consenting. According to Women’s Legal Services Australia (WLSA), ‘forced marriage is often perpetrated by a family member…[and] is strongly linked with other forms of family violence including sexual abuse, physical and economic abuse, as well as within the broader context of coercive control.’

FM is prosecuted as a criminal matter under the Commonwealth Criminal Code Act 1995 (Cth), alongside other modern slavery practices. According to a study in the Australian Journal of Human Rights, FM is one of the 5 most commonly reported modern slavery practices to the Australian Federal Police. There were 247 cases reported since 2018 and 91 cases in 2023-24. However, Anti-Slavery Australia argued that the true number of FM cases is not reflected in official reporting. They highlighted this as likely due to the complex dynamics of coercion. For example, threats involving visas or financial control, and strong expectations to maintain social or familial honour, particularly when the victim-survivor is a minor.

WLSA emphasised that a lack of formal recognition of FM as DFV in family law proceedings can lead to delays or limited access to judicial remedies, which respond to current definitions of violence in the Act. This may include protection orders, child custody arrangements, marriage annulments or visa protections. The Salvation Army claims recognising FM as a form of DFV allows for more equitable access to these resources. Thereby placing ‘the safety of the person impact at the centre’ of responses, which ‘enhances easy and seamless navigability of supports.’ InTouch, a migrant support and advocacy group, argued that access to trauma-informed aid processes and DFV-specific support services is vital in reducing FM’s broader impact. 

WLSA stated that many FM survivors seek out DFV support services in response to harm made against them. Further, the layered dynamics of coercion and familial pressure inherent to FM cases mean that victims often do not want to pursue criminal avenues, such as those presented under the criminal act. The Salvation Army noted that ‘mediation, conciliatory and restorative justice pathways, rather than purely criminal approaches, must be available to victim-survivors.’

WLSA recommended an amendment to section 4AB to explicitly include FM in the definition of DFV. They said it could provide better access to key DFV resources, including legal, migration and visa assistance (including translation services); annulment advice; and legal protection processes for property and children.  

Precedent: 

There is international precedent for classifying FM as DFV. Under the UK’s Forced Marriage (Civil Protection) Act 2007, courts can issue ‘Forced Marriage Protection Orders’ to safeguard individuals at risk, including unwilling parties and third parties such as children. These orders function similarly to Australia’s Family Violence Orders, by enabling separation from the perpetrator and restrictions on further harmful actions.

Advice/Solution Identification:

The Attorney-General and the Assistant Minister for the Prevention of Family Violence should amend section 4AB(2) of the Family Law Act 1975 (Cth) to include forced marriage under the definition of domestic and family violence.

This could help to remove barriers for victim-survivors of FM to access key DFV support services, including child custody arrangements, marriage annulments, visa protections, and interventionary protections under the Act. 

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Public Support: 

1. Women's Legal Services Australia

2. The Salvation Army

News Coverage:

• Australian News Today - “Forced Marriage and trafficking cases surge by 12%” The AFP recorded a record 382 modern-slavery reports in 2023–24—a 12% increase that included 91 forced-marriage cases. By: Amit Sarwal | Thu 31 July, 2025 - Read the article here. 

• The Age - “Excuse Me, I’ve Killed my Wife: The Ongoing Menace of Forced Marriage in Australia” Anonymous, true stories of young women in forced marriage relationships within Australia, including the murder of one woman. By: Melissa Fyfe | Sat 31 May 2025 - Read the article here.

• ABC News Radio - “Are we doing enough to tackle forced marriage in Australia?” Conversation over whether criminalisation of Forced Marriage is an appropriate way of addressing the issue. Produced By: Flint Duxfield | Thu 5 June 2025 - Listen to the episode here.

• ABC News: Triple J’s Hacked - “Australia’s Forced Marriage Problem” Conversation with an AFP Superintendent over the issue of Forced Marriage in Australia. By: Dave Marchese | Fri 24 Jan 2025 - Listen to the episode here

Where to go to learn more: 

• WLSA’s Full Submission on Forced Marriage (2024) - Read WLSA’s full policy recommendations for legislative amendment, including the fields of annulment, parting and property matters, and migration here.

• The Salvation Army’s Full Submission on Forced Marriage (2024) - Read The Salvation Army’s full policy submission for greater community support and awareness here.

• National Action Plan to Combat Modern Slavery (2020-25) - Read Australia’s National Modern Slavery Strategy here.

• Support Services Available for DFV - Find key legal support services for DFV here.

• Forced Marriage Frequently Asked Questions - Read the Department of Home Affairs’ FM FAQ here.

• Family Law Act 1975 (Cth) - Read the full act here.

Human Perspective:

Trigger Warning: Forced marriage, domestic and family violence and abuse, including child abuse.

When forced marriage was explicitly included under the definition of domestic and family violence in the Family Law Act, Aisha finally felt seen and protected. For years, Aisha’s family pressured her into marrying someone she barely knew, using fear and threats to force her into compliance. Before the amendment, Aisha struggled to access support as service providers often told her that her experience was a criminal matter, not something that fits within the family violence protections of family law. Now courts and social workers immediately recognise her situation as family violence, giving her access to vital protection orders, safe housing and specialist counselling. The change in the law affirms Aisha’s experience, helps reduce the stigma she faces, but also gives her hope that others will be believed and helped sooner. 

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement: 

N/a

Support 

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com. 

Reference list: 

Attorney-General’s Department. (2024, July). Enhancing civil protections and remedies for forced marriage: Consultation paper. Commonwealth of Australia. https://consultations.ag.gov.au/integrity/forced-marriage/user_uploads/forced-marriage_public-consultation-paper-2024.pdf

Australian Human Rights Commission. (2023, December 11). Review of NSW legal protections for victim-survivors of forced marriage [Submission]. https://humanrights.gov.au/sites/default/files/ahrc_submission_to_review_of_the_nsw_legal_protections_for_victim-survivors_of_forced_marriage_11_december_2023_0.pdf

Australian Human Rights Commission. (2023, December 11). Victim-survivors of forced marriage. https://humanrights.gov.au/our-work/legal/submission/victim-survivors-forced-marriage

Australian Institute of Health and Welfare. (2024, December 9). Modern slavery. https://www.aihw.gov.au/family-domestic-and-sexual-violence/types-of-violence/modern-slavery

Barnes, J., Naser, M. M., & Aston, J. (2023). A vulnerability approach to irregular migration and modern slavery in Australia. Australian Journal of Human Rights, 29(1), 121–140. https://doi.org/10.1080/1323238X.2023.2229619

Department of Home Affairs. (2020). National action plan to combat modern slavery 2020–25. Commonwealth of Australia. https://www.homeaffairs.gov.au/criminal-justice/files/nap-combat-modern-slavery-2020-25.pdf

Department of Home Affairs. (n.d.). Forced marriage: Frequently asked questions. Australian Government. https://www.homeaffairs.gov.au/criminal-justice/files/forced-marriage-faqs.pdf

Department of the Prime Minister and Cabinet. (2024). Prevention through responses. Unlocking the Prevention Potential: Accelerating action to end domestic, family and sexual violence. https://www.pmc.gov.au/resources/unlocking-prevention-potential/prevention-through-responses

Family Law Act 1975 (Cth) s 4AB. https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s4ab.html

Family Law Act 1975 (Cth) s 95. https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s95.html

InTouch Multicultural Centre Against Family Violence. (2021, June). Forced marriage in Australia [Position paper]. https://intouch.org.au/wp-content/uploads/2022/11/inTouch-Position-Paper-Forced-Marriage-June-2021-Final.pdf

Lyneham, S., & Bricknell, S. (2018). When saying no is not an option: Forced marriage in Australia and New Zealand (Research Report No. 11). Australian Institute of Criminology. https://www.aic.gov.au/sites/default/files/2020-05/rr11.pdf

Pettoello-Mantovani, C. (2024). Child bride and forced marriages: Legal aspects. System, 1(1), Article 1000769. https://doi.org/10.1016/j.syst.2024.1000769

The Salvation Army. (2024, September 30). Enhancing civil protections and remedies for forced marriage. https://www.salvationarmy.org.au/scribe/sites/auesalvos/files/Advocacy/Submissions/The_Salvation_Army_-_Enhancing_Civil_Protections_and_Remedies_for_Forced_Marriage_(2).pdf

Women's Legal Services Australia. (2024, September 30). Enhancing civil protections and remedies for forced marriage [Submission]. https://www.wlsa.org.au/wp-content/uploads/2024/10/WLSA-submission-Enhancing-civil-protections-and-remedies-for-forced-marriages-30-September-2024.pdf