Forced marriage

The term 'forced marriage' is generally used when one partner in a relationship is pressured or coerced into agreeing to marry the other. However, the term 'forced marriage' covers a wide range of complex situations.

Forced marriage refers to three types of situations:
1. A person is pressured into accepting a marriage they do not want.
2. A person is forced to give up a romantic relationship.
3. A person is pressured not to divorce and stay married, whether the marriage was freely entered into or not.

The difference between a forced marriage and an arranged marriage is the degree of pressure used and whether or not it is possible to refuse the union.

In an arranged marriage, the prospective spouse freely accepts a marriage arranged by third parties - often the parents of the prospective spouses - and no violence or pressure is used to force the other partner into the marriage.

The person can refuse the union at any time without risking negative consequences. Arranged marriages are not punishable under the Swiss Penal Code (SPC).

However, a freely entered into and/or arranged marriage may become a forced marriage if at least one of the two people in the relationship is under pressure not to divorce and stay married.

In the context of forced marriage, pressure, coercion and abuse often occur within the family circle – the father, mother, brothers and sisters, the (future) spouse, parents-in-law, and members of the extended family.

Violence can also take many forms: psychological; physical; sexual or economic; and can be expressed through excessive control of personal contacts, outings, or similar; verbal threats; emotional blackmail; physical violence such as kicking or throwing objects; sexual violence; or other degrading treatment.

In most cases, more than one person is responsible for the abuse. It is often inflicted by the person’s partner, several family members and close friends.

Family members and/or your partner may be putting pressure on you and you don't feel supported by them.

You may feel conflicted about your loyalty to your family: you don't want to agree to their expectations and pressure about your romantic choices, but at the same time you don't want to disappoint or upset them.

Are you reluctant to seek professional help or file a complaint?
Are you afraid?

You are not alone, there are ways to deal with this and there are professionals who can advise and support you.

Talking about your situation is the first step towards finding a solution. Click on "How to find help" in the menu bar and use the filter of "Your experience of abuse: You are in a situation of forced marriage" to find the list of organisations that can help you.

If you're young and still at school, you can talk to a trusted professional at your school: teachers, mediators, school nurses and school psychologists are there to help and support you.

On this website you can ask questions at any time, anonymously and free of charge, and our professionals will respond to you personally within three (3) working days.

The Swiss Penal Code prohibits forced marriage or partnership, as well as attempted forced marriage or partnership (Article 22 and Article 181a SPC). The offender(s) may be sentenced for up to five years' imprisonment or a fine. If the forced marriage took place abroad, the offence is punishable in Switzerland if the perpetrator is present and has not been deported.

Forced marriage is automatically prosecuted: criminal proceedings are initiated as soon as the police or the public prosecutor's office become aware of the offence, even if the victim does not file a complaint.

However, counselling at a LAVI centre is strictly confidential and no information is passed on without the victim's consent. Victims can therefore approach these professionals without fear in order to receive information, support and the opportunity to reflect on the situation without pressure.

According to the Swiss Civil Code (SCC), in order to marry, a man and a woman must be at least 18 years old and of sound mind (Article 94 paragraph 1 SCC). At the time of the application for marriage, the civil registrar checks whether there are any grounds for suspecting that the application is not a clear expression of the couple's free will (Article 99 paragraph 1 ch. 3 SCC).
Marriage is annulled by civil law when:
• It was contracted against the free will of one of the parties (Article 105, paragraph 5 SCC).
• If one of the parties is a minor, unless it is in their interest to continue the marriage (Article 105, paragraph 6 SCC).
• Anyone who has been the victim of a forced marriage, whether in Switzerland or abroad, can have the marriage annulled by the court of the place where the marriage was contracted, the place of residence or the place of origin. The action is then governed by Swiss law (Article 45 paragraph 2 Federal Act on Private International Law).
A person affected by a forced marriage, whether contracted or not, may at any time contact the assistance services listed in the "How to find help" section.

With regard to the right of residence, if there are indications of a forced marriage, the application for family reunification is suspended until the competent authorities have taken a decision (Article 45a Federal Act on Foreign Nationals and Integration). The existence of a forced marriage may constitute an important personal reason for the granting or extension of a residence permit to the person who is the victim of the forced marriage and their children (Article 50 paragraph 1 let. b and paragraph 2 Federal Act on Foreign Nationals and Integration).

If a forced marriage is the reason for the person fleeing a country and applying for asylum in Switzerland, it is strongly recommended that they contact the Service against Forced Marriage for advice on how to proceed.