Form FL401A: Forced Marriage Protection Order UK

What this document is

A Forced Marriage Protection Order is a civil court order made under Part 4A of the Family Law Act 1996. It is designed to protect a person from being forced into marriage, or to protect someone who has already been made to marry against their will.

The order is flexible, meaning the family court can impose whatever terms it considers necessary to keep the person safe, and each order is shaped around the facts of the individual case. Form FL401A is the application form used to start that process.

It asks for details of the person at risk, the people believed to be applying the pressure (known as respondents), the conduct that has taken place, and any evidence the applicant wants the court to consider. Forced marriage is defined as a marriage entered into without the free and full consent of one or both parties, where pressure or abuse of any kind has been used.

That pressure can be physical, emotional, financial, or psychological, and the court treats all forms seriously. Breach of an FMPO is a criminal offence carrying potential imprisonment.

How to use this document

1. Work out who is making the application. The person at risk can apply on their own behalf, or a relative, friend, or someone with a close connection can apply for them. A local authority or other designated third party can also apply without needing the court's permission first. Anyone else, such as a teacher or social worker, generally needs the court's leave to bring the application.
2. Complete Form FL401A carefully. The form asks for information about the person being protected, the respondents, the nature of the forced marriage risk, and the specific terms you want the court to order. Be as clear as possible about what has happened, who is involved, and what the immediate danger is. If there is any risk of the person being taken out of the country, say so explicitly and attach any supporting evidence such as flight bookings, passports held by others, or messages.
3. Decide whether to ask for a without notice hearing. In urgent cases the court can make an order without telling the respondents first, which is often necessary when telling them in advance could increase the danger. You will need to explain in the application why notice should not be given. Otherwise the case proceeds on notice, with the respondents given the chance to attend and respond.
4. File the application with the family court. The completed FL401A is submitted to the family court, and there is no court fee for this type of application. The court will list a hearing, often very quickly where the matter is urgent, and may make an interim order on the same day if the circumstances warrant it. Full terms are then considered at a return hearing.
5. Attend the hearing and comply with the order. The applicant, and usually the person being protected, will need to attend court. The judge will decide what terms to include, which may cover surrender of passports, restrictions on contact, prohibitions on taking the person abroad, and directions about where they live. Once made, the order must be served on the respondents and any breach can be reported to the police.

Common questions