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Forced Marriage and the Partner Visa

A marriage entered without the free and full consent of both people is void in Australia and cannot support a partner visa, and forcing someone to marry is a Commonwealth offence carrying up to 7 years' imprisonment, or 9 years for an aggravated offence, as at 23 September 2026.

Last checked 6 primary sources About Partnership Visa Australia

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Everyone in Australia is free to choose whether to marry, and help is available whether or not you want to involve the police. This page is for anyone who is being pressured to marry or to sponsor a partner, anyone worried about someone else, and anyone in an arranged marriage checking that it is lawful.

Law What it says What it means for a partner visa
Criminal Code Act 1995 (Cth), s 270.7B Causing a person to enter a forced marriage, or being a party to one without being the person forced, is an offence: up to 7 years' imprisonment, or 9 years if aggravated Forced marriage is a crime, whether it happens in Australia or a person is taken overseas to marry
Marriage Act 1961 (Cth), s 23B A marriage is void if a party's consent was not real, for example because it was obtained by duress or fraud. Section 88D(2)(d) applies the same rule to marriages made overseas A void marriage is not a valid marriage, so it cannot make the couple spouses
Migration Act 1958 (Cth), s 5F A spouse must be married under a valid marriage, with a mutual commitment to a shared life as a married couple Without a valid marriage and a shared commitment there is no spouse relationship for the partner visa

What counts as a forced marriage for a partner visa?

Section 270.7A of the Criminal Code defines a forced marriage as one where either person entered it without freely and fully consenting:

  • because of the use of coercion, threat or deception, against them or someone else, or
  • because they were incapable of understanding the nature and effect of the marriage ceremony.

A marriage is also a forced marriage if either person was under 16 when it was entered into. The definition covers a marriage recognised under foreign law, a registered relationship, and a marriage that is void or not legally recognised. The AFP says the offence can apply to legally recognised marriages and to cultural or religious ceremonies, in Australia or where a person is taken overseas to marry.

Can a forced marriage support a partner visa?

No. A marriage without real consent is void under s 23B(1)(d) of the Marriage Act 1961 (Cth), and a void marriage is not a marriage "valid for the purposes of" the Migration Act 1958 (Cth) under s 5F(2)(a). Home Affairs states on its partner visa page that a partner visa may be refused where a couple is in a forced marriage, and that "forced marriage is a crime in Australia". A marriage both people freely chose is what the spouse visa Australia route rests on.

How is a forced marriage different from an arranged marriage for a partner visa?

Consent is the line. Home Affairs says an arranged marriage involves an introduction by a family member or third party but "requires the consent of both parties, who can agree or refuse to marry". An arranged marriage both people agreed to is valid and is assessed like any other: see arranged marriage partner visa.

What if you are being pressured to sponsor someone for a partner visa?

You do not have to sponsor anyone. The sponsor lodges their own sponsorship form, and Home Affairs says a sponsor can withdraw the sponsorship at any time before the permanent Partner visa is decided:

  1. Tell the Department in writing, using the Partner Processing Enquiry Form.
  2. Say that you no longer want to be the sponsor. Removing an online application from ImmiAccount does not withdraw it.

Home Affairs adds that the Department will not correspond with a former sponsor about the other person's visa application. For confidential advice first, contact My Blue Sky on (02) 9514 8115, or the AFP on 131 237.

What if you are on a partner visa and the marriage was forced?

The end of the relationship does not automatically end your options. Home Affairs says a person whose relationship with the sponsor has ended may still be considered for the permanent visa under the family violence provisions, where the Department is satisfied the relationship was genuine before it ended and that family violence took place. Whether those provisions apply turns on the facts, and they are explained under partner visa family violence provisions.

Where can you get help, whether or not a partner visa is involved?

  • Triple Zero (000) in an emergency, or if you are about to be taken overseas.
  • Australian Federal Police, 131 AFP (131 237), or the AFP's human trafficking online report form. The AFP investigates forced marriage, can help make sure a person is not taken overseas, and can refer people to support. Initial support is available even if you do not want to help with an investigation.
  • My Blue Sky, the national forced marriage helpline: (02) 9514 8115, Monday to Friday 9am to 5pm, SMS 0481 070 844, or help@mybluesky.org.au. Free and confidential legal advice.
  • 1800RESPECT, 1800 737 732, for counselling about sexual assault, domestic and family violence.
  • The Forced Marriage Specialist Support Program, delivered by Life Without Barriers and funded by the Australian Government, which the AFP names as a support service for people affected by forced marriage.
  • The Support for Trafficked People Program, run through the Department of Social Services, which the AFP lists for people affected by human trafficking and slavery-like practices.
  • Legal Aid commissions and community legal centres in each state and territory.
  • The Translating and Interpreting Service, 131 450, if you need an interpreter to make any of these calls.

What a partner visa requires of every couple

Every couple has to meet the same partner visa requirements, and the first of them is a marriage or de facto relationship that both people freely chose, which is genuine and continuing.

If you need help now, call 000, the AFP on 131 237, or My Blue Sky on (02) 9514 8115. For a partner visa that is still to be lodged, or one affected by what happened, an application prepared by a registered migration agent or an Australian legal practitioner is more likely to succeed, because they can assess the family violence provisions and the timing of a sponsorship withdrawal for your situation. No adviser can promise an outcome.

Questions people ask

Where can I get help with a forced marriage in Australia?

If you are in danger, call 000. The Australian Federal Police can be reached on 131 AFP (131 237). My Blue Sky, the national forced marriage helpline, gives free and confidential legal advice on (02) 9514 8115, by SMS on 0481 070 844 or at help@mybluesky.org.au. 1800RESPECT is on 1800 737 732.

Can a forced marriage support a partner visa?

No. A marriage where a party's consent was not real, for example because it was obtained by duress, is void under s 23B of the Marriage Act 1961 (Cth), so it is not a valid marriage for the partner visa. Home Affairs states that forced marriage is a crime in Australia.

Is forced marriage a crime in Australia?

Yes. Under s 270.7B of the Criminal Code, causing someone to enter a forced marriage, or being a party to one without being the person forced, carries up to 7 years' imprisonment, or 9 years for an aggravated offence, such as where the person forced is under 18. A marriage involving a person under 16 is always a forced marriage.

Can I get help without going to the police?

Yes. My Blue Sky gives free, confidential advice without any report to police. The Australian Federal Police says initial support is available even for people who do not want to help with an investigation or prosecution.

What is the difference between a forced marriage and an arranged marriage?

Consent. In an arranged marriage a family member or third party introduces the couple, and both people can agree or refuse. In a forced marriage at least one person does not freely and fully consent.

Sources

Primary sources this page was checked against on 23 September 2026.

  1. Department of Home Affairs, Forced Marriage information sheet www.homeaffairs.gov.au
  2. Australian Federal Police, Schools urged to help the AFP prevent forced marriage (31 January 2025) www.afp.gov.au
  3. Australian Federal Police, Human trafficking and slavery www.afp.gov.au
  4. Criminal Code Act 1995 (Cth), ss 270.7A, 270.7B and 270.8 www.legislation.gov.au
  5. Marriage Act 1961 (Cth), ss 23B and 88D www.legislation.gov.au
  6. Department of Home Affairs, Partner visa (subclass 820), For Sponsors tab immi.homeaffairs.gov.au

Have a registered professional check your application

Choosing the wrong subclass, or lodging in Australia when a condition such as 8503 stops you, can make an application invalid, and the Department does not refund the charge when it refuses an application.

An application prepared or reviewed by a registered migration agent or an immigration lawyer is more likely to succeed: they read the criteria against your facts, spot the gaps before you pay, and answer the Department’s requests on time. No one can promise a grant.

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