The Hidden Threat of Predatory Marriage

Marriage is meant to be a union built on love and trust, but in some cases, it becomes a tool for manipulation and exploitation. A predatory marriage is where vulnerable individuals, who may be elderly or cognitively impaired, are manipulated into marriage by someone seeking personal gain. Whilst the term “predatory marriage” may not yet be widely known, its consequences can be devastating, especially when it comes to inheritance, property rights, and personal wellbeing.

At its core, predatory marriage involves an exploitative relationship where one party intentionally targets another who may lack the capacity to fully understand or consent to marriage. The motive more often than not is financial. Once married, the predator can gain access to pensions and assets.

A key danger is that under English Law, marriage can automatically revoke a will and the new surviving spouse can inherit a significant amount under the rules of intestacy. The consequences of the marriage may not be known to the victim and sadly family members can be displaced upon revocation of the will.  Examples of this could be, the denial of access to the family home, during the lifetime and post death, making decisions regarding care without reference to the family and possibly alteration of funeral wishes. For many predators, this legal loophole can become a tool for financial and emotional abuse.

The signs of predatory marriage are not always obvious. It may involve sudden, secretive weddings, the isolation of the victim from friends or family or controlling behaviour by the new spouse. Tragically, victims may be unaware of the implications and families often discover the abuse too late.

Legal reform is needed, the current Wills Act dates back to 1837 and this important area of law needs to be fit for purpose for today’s world. The Law Commission has published its report and recommendations on modernising Wills Law and in particular recommending a Will should remain valid unless expressly revoked, even after marriage or civil partnership.

What can you do?

Awareness is key. Families, caregivers, and professionals must stay alert to any signs of manipulation and act quickly when concerns arise for any vulnerable individuals. Consider making Lasting Powers of Attorney.

Predatory marriage is a form of abuse that can rob individuals of dignity, autonomy, and the legacy they intended to leave behind. 

It strikes me as odd that the test for mental capacity to marry is fairly low but the test for mental capacity to make a will is higher. This discrepancy is a key reason for reform of the law.