Predatory Marriage

What is a predatory marriage?

A predatory marriage is when one person induces another into marriage.  The ‘predator’ often does this in order to gain access to the victim’s finances and other assets both before and after the death of the victim.

A common example is where an elderly victim is initially befriended by a younger predator who gradually infiltrates themselves into their lives so that they become reliant on them. This build up of trust could then lead to marriage.  The infiltration could include the predator convincing the victim that their family is only interested in their money and that only they will be able to help them.

What can a family do if they suspect a predatory marriage is about to happen?

If a family suspects that a relative will become a victim of a predatory marriage, they have a few options:

• Enter a caveat with the Registrar which prevents the marriage taking place until they are satisfied it should not be obstructed
• Apply for an injunction to prevent the marriage taking place
• Apply for a ‘Forced Marriage Protection Order’ within the Family Court

What can a family do if they suspect a predatory marriage has taken place?

If the family suspect that a marriage has taken place that is predatory, they have a few options for action.  In brief these are:

• Apply for the marriage to be voided - a complex procedure that voids the marriage
• If the victim lacked capacity, The Court of Protection could make an order for a Statutory will with more appropriate terms
• On the death of the victim, make a claim against the estate

Is the mental capacity of the victim important when looking at predatory marriage?

The mental capacity of the victim does have some importance when looking at cases of predatory marriage.  If the victim does not have mental capacity, there are certain remedies that can be taken to ensure that the marriage does not take place.

If however, the victim does have mental capacity, there may be little that can be done until after the death of the victim.

How Roythornes can help

Predatory marriage is a very complex and emotional subject and needs specialist advice.  Our Private Wealth Disputes team has extensive experience of helping people in these situations.  They will be happy to answer any questions you may have and advise you of the next steps you may be able to take.

Please get in touch if you have any questions.