End forced child marriage in Australia

Australia has made strong commitments to protect children from forced marriage. But there’s one gap left: a legal loophole that still allows 16- and 17-year-olds to marry with court approval. It’s time to close it and set a clear standard: no child marriage in Australia, no exceptions. 

Why Australia should complete its child marriage protections 

While Australia sets 18 as the minimum marriage age in the Marriage Act, a loophole remains that endangers children. Under current law, family courts may approve marriages for 16- and 17-year-olds in “exceptional circumstances” with parental consent. Although this exception to the marriageable age is rarely used, it creates inconsistencies within Australia’s legal framework and leaves room for potential misuse.

The connection to forced marriage 

Forced marriage is a serious issue in Australia. It is one of the most frequently reported forms of modern slavery.¹

The Australian Federal Police (AFP) have reported a 30% increase in forced marriage reports in 2024-2025 compared to the previous year.² Police data has also shown that children have previously made up a significant proportion of reported forced marriage cases.

Many of these cases (approximately 70%) involved the person being taken overseas for marriage.

While the domestic court loophole isn’t the primary driver of forced marriage cases, its existence:
– Creates confusion and undermines Australia’s strong stance against child marriage
– Sends a mixed message about whether child marriage can ever be acceptable
– Makes Australia’s legal framework less consistent and harder to enforce.

Closing the loophole strengthens the entire framework for protecting children from forced marriage, both at home and overseas. 

Protecting children

At 16 or 17, young people are still legally and often financially dependent on their families. They may have difficulty accessing refuges, crisis accommodation, legal services, or support systems without parental consent in many jurisdictions. Additionally, in Australia, divorce requires 12 months of separation before filing which may create accommodation challenges for minors who may have been coerced by their families to marry. Parents remain legally responsible for children under 18, which can create complex and sensitive situations especially when child protection concerns arise. 

By age 18, young people have legal independence, and many can access support services on their own, and are better positioned to resist coercion and make fully autonomous decisions about marriage. 

Closing this loophole would:
– Create one clear standard across all Australian law
– Eliminate case-by-case determinations of what counts as “exceptional circumstances”
– Make it unambiguous that coercing children into marriage is a crime
– Bring Australia in line with its international human rights commitments.

What we’re calling for 

Urgent legislative reform to amend the Marriage Act and eliminate the exception that allows courts to authorize marriages for 16- and 17-year-olds. 

Australia, it’s time to complete the job: set 18 as the minimum marriage age without exception, and ensure every young person has the full protection and autonomy they deserve. 

Join us in calling on the Australian government to close this loophole. 

Child marriage is a pressing issue that disproportionately affects girls, placing them at significant risk of exploitation and forced marriage. Whilst not all child marriages are forced, the inherent vulnerability of children, particularly girls, makes them susceptible to coercion. Forced child marriage is identified by several key indicators: the lack of free and informed consent from the child; the presence of abuse and exploitation akin to “ownership,”; and the child’s inability to escape the marriage.³  

Survivors may face physical and sexual abuse, domestic servitude, restrictions on their free movement, and a profound loss of autonomy. Control over these young girls is often exerted through violence, threats, and humiliation, leaving them feeling powerless to leave their marriages safely.  

Banning child marriage increases protection and empowers children to resist pressure to be married, makes it clear to those considering coercing children into marriage that they are committing a crime, and ensures that, when persons do marry, they do so with access to the full spectrum of legal rights.⁴  Once a child reaches 18, they are legally independent, better empowered to resist coercion, and entitled to access services such as shelters, and legal support.  

Thus, it strengthens resilience against forced child marriage.  

Where to get help 

If you or someone you know is concerned about a potential forced marriage in Australia, you can receive free and confidential legal and migration advice about your rights and options and support through My Blue Sky (mybluesky.org.au), a national forced marriage service run by Anti-Slavery Australia. Call +61 2 9514 8115, email [email protected], or use the live chat on their website. Legal advice includes help with family law, visas, staying safe, making reports to police and referrals for other support like counselling, housing and financial help.  

To access free government-funded support through the national Forced Marriage Specialist Support Program, contact Life Without Barriers on 1800 403 213 or via their website. 

To report a suspected forced marriage to the Australian Federal Police, call 131 AFP (237) or submit an online information report. 

In an emergency, or if someone is in danger, call Triple Zero (000).