Predatory marriage refers to a situation in which an individual, often elderly or vulnerable because of cognitive impairments such as dementia, is manipulated or coerced into marrying someone—usually a younger or opportunistic individual—for financial gain, typically with the aim of inheriting their estate.
Although this term is not formally recognised in UK legislation, it is a growing concern among legal professionals, families, and carers, particularly as the population ages and the incidence of cognitive impairment increases.
The risk of predatory marriage
Risks to the Individual
- Loss of autonomy and consent: A vulnerable person may not fully understand the implications of marriage or may be unable to give informed consent because of mental incapacity.
- Financial exploitation: The predator may gain control over the individual’s finances or inherit their estate upon death.
- Isolation: Once married, the individual may be cut off from their family or support network.
- Abuse: There is often a risk of emotional, psychological, or even physical abuse within the marriage.
Risks to the Family
- Disinheritance: Under the UK’s intestacy rules, a spouse inherits most of the deceased’s estate if they die without a valid will, which is common in these cases since marriage revokes any previous will.
- Emotional trauma: Families may feel powerless and distressed seeing a loved one manipulated and exploited.
- Legal and financial burden: Families may need to pursue complex and costly legal proceedings to challenge the marriage or protect the estate.
What can families do if concerned about a new relationship?
If family members suspect that a loved one is being targeted, they should raise their concerns sensitively but promptly. While care must be taken not to alienate the vulnerable individual, it is vital to monitor the situation closely and, where appropriate, involve professionals.
In England and Wales, local authorities have a statutory duty under the Care Act 2014 to protect adults at risk of abuse or neglect. Families can make a safeguarding referral to adult social services. This can trigger an investigation into whether the individual is being exploited or coerced.
The Mental Capacity Act 2005 provides a framework for assessing whether someone can make a specific decision, such as getting married. If there are doubts, families can request that the local authority or a GP/psychiatrist assess the individual’s capacity. Marriage requires a basic understanding of its nature and implications; if the individual lacks this, the marriage should not lawfully take place.
If time permits, and there is a strong suspicion of incapacity or duress, it may be appropriate to seek legal advice from a solicitor with experience in family and capacity law. An urgent application can be made to the Court of Protection to assess capacity or to make decisions in the individual’s best interests.
Can the marriage be prevented?
In some cases, yes, but it is challenging. Key steps include:
- Court of Protection Applications
If there is evidence that a person lacks capacity to marry, a family member or friend can apply to the Court of Protection for a declaration of incapacity. If granted, this can prevent the marriage from lawfully proceeding.
- Intervention at the Registry Office
A concerned party may alert the superintendent registrar where the marriage is due to take place. While registrars are not required to assess capacity, they must be satisfied that both parties freely consent and have legal capacity. If concerns are serious, the registrar may delay the marriage and seek advice.
- Notice Objections
During the 28-day notice period required for marriages in the UK, objections can be raised formally. However, these objections must be based on lawful grounds, such as lack of consent or capacity—not simply disapproval of the relationship.
Despite these options, once the marriage is registered, it is legally binding unless proven otherwise.
If the marriage goes ahead: What can be done?
Under Section 12(c) of the Matrimonial Causes Act 1973, a marriage can be annulled if one party lacked the mental capacity to consent to it. However, proving this post-marriage is difficult and requires expert medical evidence.
A petition for nullity must be filed with the Family Court. If successful, the marriage is declared voidable, meaning it was legally invalid from the start.
Challenging a will or intestacy
If the marriage has invalidated a previous will, families may still be able to protect the estate by:
- Claiming under the Inheritance (Provision for Family and Dependants) Act 1975: Family members who were financially dependent on the deceased can apply for reasonable financial provision from the estate, even if a new spouse has inherited everything.
- Contesting a new will: If a new will exists favouring the predatory spouse, families can challenge it on grounds such as:
- Lack of capacity
- Undue influence
- Lack of knowledge and approval
- Fraud or forgery
These claims are highly evidential and often require medical records, witness testimony, and expert opinions.
What do families need to prove—and how?
To challenge a predatory marriage or its consequences, families need to gather strong evidence. Here’s what is required and how it can be obtained:
Lack of mental capacity
- What to Prove: That the individual did not understand the nature and consequences of the marriage.
- How: Medical records, GP statements, psychiatrist reports, witness statements from carers or friends.
Undue influence
- What to Prove: That the vulnerable person was coerced or manipulated into marriage or making a will.
- How: Evidence of isolation, sudden changes in behaviour or legal documents, threats, or dependence on the predator.
Lack of consent
- What to Prove: That the individual did not freely consent to the marriage.
- How: Witness accounts, recordings, patterns of controlling behaviour.
Procedural irregularities
- What to Prove: That the marriage did not comply with the legal requirements (e.g., improper registration, no public notice).
- How: Examination of records at the registry office or failure to give proper notice.
Ongoing safeguards and policy criticisms
There are increasing calls from professionals and campaigners to reform marriage laws in the UK to better protect vulnerable individuals from predatory marriage. Proposals include:
- Registering wills upon marriage: Preventing automatic revocation of prior wills unless explicitly stated.
- Mandatory capacity checks: Especially for elderly or vulnerable individuals marrying late in life.
- Closer scrutiny by registrars: Improved training to detect coercion or incapacity.
So far, these reforms remain under discussion.
Predatory marriage is a legally complex and emotionally devastating situation. While there are clear mechanisms to challenge such marriages and their consequences, these are often difficult, expensive, and emotionally draining. Prevention is therefore key—raising concerns early, involving the proper authorities, and ensuring the vulnerable individual’s rights and wishes are safeguarded. Although the legal system offers some protection, families must be vigilant and proactive in order to mitigate the risks of predatory marriage effectively.