Predatory marriage is on the rise, probably due to an ageing population and the increase in those suffering from dementia. It is an insidious crime and can be extremely damaging to both the victim and their family, having far-reaching repercussions. In this article, we explore what is meant by predatory marriage, how to identify it, and the measures that can be taken to prevent such marriages taking place.
Predatory marriage is on the rise, probably due to an ageing population and the increase in those suffering from dementia. It is an insidious crime and can be extremely damaging to both the victim and their family, having far-reaching repercussions. In this article, we explore what is meant by predatory marriage, how to identify it, and the measures that can be taken to prevent such marriages taking place.
If you have a family issue and you require legal advice to understand your options, contact specialist family law solicitor Rebecca Calden-Storr of Stowe Family Law. With over 20 years’ experience, she is regularly instructed on matters arising from relationship breakdown, including divorce, financial disputes, complex assets, and disputes relating to children.
What is a predatory marriage?
A predatory marriage generally involves circumstances where one person lacks the necessary mental capacity to consent to the marriage, but is led into it, and taken advantage of, by the other person to secure financial or other gains.
Predators take advantage of the fact that marriage revokes any will that has been put in place and means that when the victim dies, the predator benefits from their estate. For those who have investigated predatory marriage, they have identified patterns of behaviour defined as “grooming”. Here, the predator alienates the victim from their family and friends with the marriage very often taking place in secrecy.
What are the hallmarks of a predator and what should I look out for?
The signs and indicators of a predator are similar to other types of abuse. Here is our no-exhaustive list of behaviours to look out for:
- The victim may appear isolated, withdrawn, fearful, or unsure about their relationship or the people around them
- Predators may spend every waking hour with the victim and make them feel loved and valued.
- The predator often describes themselves as the victims carer and may even move in to their home.
- Predators may create physical and emotional divisions between the victim and their friends and family to ensure only their voice is heard in isolation.
- Unexplained withdrawals of money from the victim’s bank account
- Sudden or unexpected changes to a will or other financial documents, such as a Lasting Power of Attorney in favour of the perpetrator
The Solicitors Regulation Authority (SRA) is clear in that if a solicitor suspects that a client’s instructions result from coercion or pressure (undue influence) then the solicitor cannot act, unless they are satisfied that the instructions are clearly the result of the client’s wishes.
What is the current law?
Because the law provides married couples with rights to protection upon their spouse’s death, predators take advantage of these laws through predatory marriage. As it stands, if the parties get married, then it will revoke any previous will. Therefore, unless the person makes another will following the marriage, the law of intestacy will decide how their estate will be divided. This will be as follows:
- If the estate is worth less than £270,000 (correct at the time of writing), the entire estate will pass to the surviving spouse
- If an estate is worth more than £270,000, the surviving spouse will receive:
- All personal property belonging to the deceased
- The first £270,000 of the estate; and
- Half the remainder of the estate – if the deceased has surviving children. If there are no surviving children, the entire estate will pass to the surviving spouse.
As well as receiving financial gains from the estate, the predator is also entitled to be appointed as the individual’s personal representative. This not only allows them to control the administration of the estate but also, have full control over the deceased’s funeral.
Is predatory marriage the same as forced marriage?
A forced marriage happens when someone faces physical pressure to marry, for example, threats, physical violence, sexual violence, or emotional and psychological pressure. This includes coercion. If one party is considered lacking the necessary mental capacity, the marriage is “voidable” and can be annulled. However, the marriage is considered legally valid until such time as it is annulled, in contrast to being void from the moment it was entered into. Therefore, whilst the predator may, in time, be found to have committed an illegal offence, the will of the victim will still have been revoked when the marriage took place.
The conviction rate for forced marriage is extremely low, and despite the legislation being in place, it is very challenging to find sufficient evidence for the CPS to charge. To date, there have been no convictions for predatory marriage.
What can be done to stop, or reverse a predatory marriage?
Currently, the law provides very little help to reverse predatory marriage once the victim has died. There is no legal route to annul a marriage following death, unless it is bigamous or incestuous. In addition, it is extremely difficult to prosecute predatory marriage in criminal law and a lack of protection leaves vulnerable people open to abuse. Following death, the only option available to families looking to reclaim some of their inheritance is by making a claim under the Inheritance Provision for Family and Dependents Act 1975.
That said, there are some actions that can be taken to stop the marriage:
- Alert the marriage registrar to the potential predatory marriage before it takes place. However, it is acknowledged that this is only possible if known when and where the wedding is taking place. Predatory marriages often take place in secret, and notices of couples planning to marry are not easily accessible. For example, Westminster Registry office holds the notices in a folder behind the reception desk. If you have concerns about a potential predatory marriage, you should consider alerting all local registry offices in an attempt to prevent it from taking place.
- Report concerns to social services or the local authority. In some instances, the predator occupies a victim’s property posing as their carer. If you have concerns about someone living in a vulnerable person’s home, this should be reported to the local authority immediately.
- Apply to the court for a Forced Marriage Protection Order on the grounds of incapacity. The court has discretion to halt any wedding arrangements if it finds that the individual does not have the capacity to marry.
- Apply to the court of protection for a statutory will. Under the Mental Capacity Act 2005, the Court of Protection has the power to execute a will on behalf of individuals who lack the capacity to make a will themselves. These are executed most commonly when:
- An individual has never executed a will; or
- If there has been a significant change in circumstances to the extent that a testator would be expected to review their arrangements. For example, on marriage, or the death of a beneficiary.
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