Instead of a divorce, a person forced into a marriage can nowadays choose to annul the marriage. There are open questions related to the procedure.
From October 2023 since, a person forced into a marriage has been able to apply for annulment of the marriage instead of a divorce. However, many questions related to the new annulment procedure are still open, and the procedure does not necessarily solve the problems faced by those forced into marriage. Capacities to support people forced into marriage must be consistently developed.
The situations of those forced into marriage are diverse and may involve violence and abuse. It is typical that the people in the close circle have forced the marriage or that the circumstances in the marriage become forced.
Marriage Act the reform offers the person leaving a forced marriage the opportunity to choose between a divorce or an annulment procedure. The reform can be considered to be above all symbolic: the legislation is wanted to clearly state that forced marriage is violence, which is not accepted in Finland. The background is the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
Annulment of marriage is a more burdensome procedure than divorce. Professionals should understand the differences in procedures in order to advise and support those forced into marriage. Unlike in divorce, the claim for the annulment of the marriage must be justified and evidence must be presented. If the spouse opposes the annulment, the matter may have to be dealt with in the Court of Appeal after an appeal.
Forcing a marriage can meet the hallmarks of a crime, but the proof threshold for annulment of a marriage is meant to be lower than in criminal cases. The Marriage Act does not define precisely what is interpreted as coercion.
I cancel the legal effects of marriage correspond to the legal effects of divorce. The only difference is that as a result of an annulled marriage, the Marital Status of both spouses returns to what it was before the marriage.
Challenges can arise from the fact that, regardless of the entry regarding marital status, the person's close family knows that the relationship has taken place and does not necessarily accept the end of the marriage. The marital status label “unmarried” can also become problematic for a woman if children have been born from the relationship and if relationships outside of marriage are not accepted. If a person has connections abroad, it should be found out whether annulment of marriage is recognized in the country in question and whether problems may arise for him there after the change in the marital status entry.
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The reform is above all symbolic.
For the reasons mentioned above, some of those forced into marriage will continue to choose divorce proceedings. Based on this, the authorities should not conclude that the person who chose divorce did not experience coercion or other violence.
The effects of the annulment procedure can be different depending on the person's background and situation. In a family with children, the parents' responsibilities and rights are the same in the event of a marriage annulment as in a divorce. Revocation therefore does not protect the victim from, for example, the ex-spouse's control efforts or attempts to obtain information about him through the children.
Specially if the forced marriage involves community pressure and honor-related violence, the possible effects of annulment proceedings or divorce must be prepared for by arranging the necessary support services and ensuring the person's safety. Attention should be paid to the rights and well-being of children, parenting support after the end of a relationship, and the risk of violence and persecution after marriage annulment or divorce.
Social and health services must have sufficient resources and know-how to identify different forms of violence and obstacles to seeking help. The division of responsibilities of professionals must be clear. The Finnish Immigration Service should better take into account gender-based violence when considering residence permits.
Sanna Mustasaari is a University researcher at the University of Eastern Finland. Sanja Sillanpää is an expert in anti-violence related to honor at Loisto Setlementti ry.
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