New Marriage and Civil Partnership Act: What are the potential ramifications for therapists?

The Marriage and Civil Partnership (Minimum Age) Act 2022, which gained Royal Assent in April last year, has come into force[1] – and with it a host of new considerations for couples and family therapists.

In England and Wales, 16 and 17-year-olds will no longer be allowed to marry or enter a civil partnership, even if they have parental consent. On 27 February this year, it became a criminal offence to exploit vulnerable children by arranging for them to marry under any circumstances, whether or not force is used. The rules are different in Northern Ireland and Scotland, where marriage at 16 remains legal.

The change in the law was brought in to crack down on forced marriages, and it forms part of wider government initiatives to tackle the exploitation and violence perpetrated against women and girls. Anyone found guilty of arranging a child marriage now faces a prison sentence of up to seven years. The new law has also been designed to protect those people with mental-capacity and mental-health issues.

What does all this mean for couples and family therapists?

New legal complexities

Family and couples’ therapists must stay up to date on the specific legal requirements and implications of the raised marriage age - for several reasons.

They may need to ensure their clients meet the legal age requirement before providing certain types of therapy or intervention related to marriage or relationship issues, for example. Or therapists may encounter cases where individuals or couples struggle with cultural or familial pressures to marry at a younger age, so having a full understanding of the law is essential.

Those people may well need additional support to help them navigate conflicts between personal or family desires and societal expectations. And there may be incidents where a client has already broken the law and needs to be advised correctly (ceremonies of marriage which are not legally binding, for example in community or traditional settings, are also now illegal).

Navigating relationships

The new laws have the potential to add another layer of responsibility to the role of the family or couples therapists. They may be asked to navigate complex relationship dynamics and address deep underlying issues. The law also automatically recognises all children married under the age of 18 as victims of forced marriage, which means some therapists could find themselves counselling people who have suddenly found themselves on the wrong side of the law. So, it’s crucial that therapists continuously update their knowledge, engage in professional development, and seek advice where needed.

Another area of concern has to be the potential for new mistakes to be made as the latest law update becomes part of the day-to-day narrative. Talking through sensitive issues with clients can lead to difficult discussions, especially where societal, religious and cultural matters clash.

There may be occasions when a client misinterprets advice given, or even recalls it differently to the therapist. In those cases, it’s vital to have meticulous records to refer back to. Good recordkeeping is every therapists’ best precaution and will help support a case if a client alleges that any advice given was negligent or inappropriate.

As always, confidentiality remains a priority. But there are certain circumstances in which a breach could be deemed necessary – a serious or life-threatening risk of harm to self or others, for example – so staying abreast of BACP’s ethical framework is imperative[2].  

When mistakes happen

Therapists are human and humans make mistakes, so it’s vital to seek insurance protection for those rare but potentially ruinous occasions when an unwarranted breach of confidentiality or any other mistake occurs, such as an accident on the premises.

Having professional liability insurance can also safeguard therapists from certain malpractice claims – and in an area as sensitive as underage marriage, that is well worth considering.

The United Nations is pushing for every country to end child marriage by 2030[3], and believes the practice often sees girls leave education early and suffer domestic abuse, as well as being associated with serious physical and mental health problems.

But moving towards that isn’t going to be an easy process. Even though England and Wales are making great advances, it’s important that therapists understand the potential pitfalls that lie ahead and make the necessary provisions to protect themselves – and their clients.

If you require expert advice on how to ensure you are fully protected, contact Howden directly by emailing [email protected] or calling 01924 241945.