‘A Practical Guide to the Law of Forced and Incapacitous Marriages’ by Adreeja Chatterjee
Published: September 2019
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‘A Practical Guide to the Law of Forced and Incapacitous Marriages’ is the go-to practitioner’s guide on the UK law of forced marriages and scenarios where an individual legally lacks capacity to marry. Readers will be guided through:
- The framework of civil forced marriage protection orders and how they operate from start to finish, including what happens in the event of a breach.
- An overview of the criminal offence and its interaction with the Family Court and the Court of Protection.
- A detailed practical summary of the law for incapacitated/learning-disabled adults, i.e. those who are unable to decide to marry because they lack capacity to do so.
- Common issues and pitfalls which arise for such adults in forced marriage protection orders in the Family Court and the Court of Protection.
- Case summaries for adults with capacity, children, and adults who lack capacity.
- Practical scenarios and worked examples of forced and incapacitous marriages.
- Remedies for forced marriages and marriages which are voidable due to lack of capacity.
ABOUT THE AUTHOR
Adreeja Chatterjee is a practising barrister with over 20 years experience, specialising in Court of Protection and Family Law. She is an expert in the law of forced marriages and the capacity of learning-disabled adults to marry and to enter into sexual relations. Adreeja is a popular and regular speaker on forced and incapacitous marriages. She is ranked in the principal legal journals as a leading practitioner in both fields of her practice, and sits as a deputy district judge.
Chapter 1 – Introduction, Scale and Impact of Forced Marriages and the Work of the FMU
Chapter 2 – Definition of a Forced Marriage
Chapter 3 – Civil Forced Marriage Protection Orders Under Part 4A Family Law Act 1996
Chapter 4 – Case Summaries: Adults and Children
Chapter 5 – The Criminal Offence and Breach
Chapter 6 – Capacity
Chapter 7 – Forced/Incapacitous Marriages and the Court of Protection
Chapter 8 – Case Summaries: Adults Who Lack Capacity
Chapter 9 – Children and the Overlap With Care Proceedings
Chapter 10 – Remedies for Forced Marriages