Predatory Marriage
We recognise you have concerns for a family member and their potential exploitation by someone who you suspect does not have their best interests at heart. Your search for answers has brought you here, where we will explain the situation and what you can do.
You are not alone. There has been a worrying rise in this particular aspect of exploitation, typically referred to as Predatory Marriage, that disproportionately affects vulnerable individuals, particularly the elderly or those living with conditions like dementia.
At Wolferstans, we understand the emotional and legal complexities surrounding predatory marriage and our specialist legal teams are here to provide the expertise, guidance and support you need to protect yourself and your loved ones.
What is Predatory Marriage?
Predatory marriage refers to a situation where a person deliberately marries a vulnerable individual, typically for financial gain. This may involve targeting individuals with diminished mental capacity, isolating them from family or support systems and exploiting their lack of understanding about the consequences of marriage. Often, this will impact inheritance rights and the division of assets following the victim's death.
Possibly the most important aspect to note is that the law outlined in Section 18(1) of the Wills Act 1837 states that a marriage automatically revokes any pre-existing Will, unless it was drafted in anticipation of a marriage to a named individual.
Without the anticipation of marriage clause, the Will becomes invalidated by the marriage and this can significantly alter the entitlements to an individual's estate after their death. The issue lies in the fact that mental capacity needed to enter a marriage is far lower than that needed to make a Will.
Predatory marriages usually involve the manipulation of vulnerable individuals who may suffer from mental illness or cognitive impairments, like dementia. When a marriage revokes a Will without the individual making a new one, the distribution of their assets is dictated by the rules of intestacy.
In predatory marriages, the intended beneficiaries of the Will could have been the victim's children, but the invalidated Will could result in their inheritance being given to the manipulative new spouse instead.
Legal examples highlight the stark comparisons in mental capacity needed for marriage and making a Will. The Banks v Goodfellow test for example, used to assess mental capacity for Will making, requires the ability to understand the act of making a Will, its effects and the extent of the property being distributed.
There should also be no mental disorder that interferes with the individual's decision-making. Conversely, marriage contracts are much simpler, not requiring a high level of intelligence or understanding.
The growing concerns around protecting vulnerable individuals from predatory marriages are giving rise to calls for reform, including training for those carrying out marriage ceremonies to identify signs of coercion, more thorough assessments of matrimonial capacity, not allowing marriages to automatically revoke a Will and making predatory marriages a criminal offense.
Until these reforms are enforced, vigilance and increased awareness of the warning signs and the risks associated with predatory marriages are crucial.
Warning signs of predatory marriage
Understanding the warning signs is the first step in protecting a loved one against predatory marriage. Some red flags to look out for include:
- Sudden changes in the relationship: A vulnerable individual may suddenly enter an unlikely relationship that seems out of character, often with someone unknown to the family or with a significant age difference.
- Isolation from family: The target individual may be discouraged or even prohibited by the predator from seeing family members or friends.
- Unexplained changes in behaviour or personal decisions: The signs could include changes to Wills, financial arrangements, or unusual secrecy.
- Signs of mental incapacity: The individual may have difficulty understanding the nature of their relationship or its legal implications, especially if dementia or cognitive decline is involved.
If you’ve observed any of these signs, it’s important to seek advice. Remember, if you have concerns, it is never too early or too late to seek expert advice.
Common tactics used by predators
Individuals engaging in predatory marriage will typically employ a range of calculated tactics to exploit their victims. Grooming and manipulation is evident when the predator builds trust with the vulnerable victim over time to exert control or influence over them.
The predator will attempt to create a dependency, ensuring the victim feels isolated and reliant on them for daily support or companionship. They will be secretive in their actions, avoiding communication with the victim’s family or other loved ones to maintain dominance over the vulnerable individual and control the situation.
The predator will encourage or coerce the individual to marry, professing concern for their emotional wellbeing, safe in the knowledge the victim is unlikely to fully understand the financial and legal consequences of a marriage.
Our dedicated team can investigate these scenarios, offering both preventative measures and remedial legal action where necessary.
How our experience can help
At Wolferstans Solicitors, we bring decades of experience in family law, Wills, lasting powers of attorney, contentious probate and mental capacity law to provide comprehensive and compassionate support for those concerned about predatory marriage. Here’s how we can assist:
- Family Law: Our Family Law Team can guide you through protective measures including lodging a Caveat with the Registrar, applying for a Forced Marriage Protection Order or advising on a Nuptial Agreement.
- Estate planning expertise: Our Wills, Probate and Trusts Department can help review existing documents and take steps to secure your family member’s estate.
- Contentious probate services: If the victim has tragically passed away, our Contentious Probate team can pursue legal action to challenge or mitigate the impacts of inheritance-related exploitation.
By combining our expertise across multiple areas of law and complementary teams, we ensure that every aspect of your situation is handled with the utmost professionalism and compassion to help you achieve the desired outcome.
Why choose Wolferstans?
We believe there are many reasons to choose Wolferstans as your trusted adviser, ready to support you through the challenges you face, but first among those would be our reputation for delivering a client-centric service.
Our commitment to putting our clients at the heart of every decision we make has ensured we are recognised as one of The Times Best Law Firms for three consecutive years. With a history of providing exceptional legal outcomes, we maintain the highest standards in the industry, ensuring Wolferstans is a name you can trust.
Wolferstans’ approach ensures that you receive tailored advice and the most appropriate solutions from experienced, specialists within our Wills, Probate & Trusts Department, Family Law team and Contentious Probate team.
Take action today
If you’re worried about a vulnerable family member’s relationship or suspect that predatory marriage may have already occurred, don’t wait. It's never too early or too late to seek our help. The sooner you act, the better equipped we are to safeguard your loved one’s future and secure their estate.
Don’t delay. Get in touch today and call us on 01752 663295 email enquiries@wolferstans.com or fill out our online enquiry form. And remember, we offer clarity, protection and peace of mind during this challenging time.
Predatory Marriage FAQs
Can a predatory marriage be annulled or challenged?
Yes, but it is often difficult. Grounds for annulment may include proving that the victim lacked the mental capacity to consent to the marriage or was coerced into it - early legal advice is always recommended.
Can family members intervene to stop a predatory marriage?
Family members can raise objections before a marriage occurs, but in many cases, intervention is difficult without legal action and often the marriage occurs in secret.
Does a predatory spouse automatically inherit the victim’s estate?
In England & Wales, a marriage automatically revokes any pre-existing Will and the predatory spouse may inherit under intestacy rules, which often favour them over other family members.
How can families protect vulnerable relatives from predatory marriage?
Maintain open communication and regular visits with the vulnerable family member. Encourage discussions about legal and financial matters within the family and set up Lasting Powers of Attorney (LPA) for finances and health decisions. Seek legal advice if you are concerned about coercion or undue influence over a family member.
What should I do if I suspect a predatory marriage has taken place?
Seek legal advice immediately to explore your options for challenging the marriage or protecting the victim’s estate. Consider raising concerns with safeguarding authorities or social services and gather evidence of the individual’s mental state, relationship history, and financial changes.