How to protect vulnerable loved ones from predatory marriages

A predatory marriage occurs when a vulnerable person, such as an elderly individual or someone with cognitive impairments, is coerced or manipulated into marriage for financial or personal gain. These marriages exploit individuals who may not understand the implications of marriage, such as the fact that marriage automatically revokes an existing will, allowing a new spouse to inherit assets and bypass rightful heirs. The emotional and financial impact on families can be devastating.

What are the warning signs of a predatory marriage?

Recognising the signs of a predatory marriage is critical. Red flags include:

• Sudden or secretive relationships: a new partner appears unexpectedly, and the relationship progresses quickly toward marriage without family involvement.
• Coercion or undue influence: the vulnerable individual may appear reluctant, fearful, or anxious about the relationship but feels pressured into marrying.
• Controlling behaviour: the new partner isolates the individual from family and friends, controls decisions and finances, and discourages communication with loved ones.
• Financial exploitation: there may be unexplained money withdrawals, new joint accounts, or sudden asset transfers to the new partner.

If you notice any of these signs, it is essential to act swiftly to safeguard your loved one.

What to do if a family member is at risk

If you suspect someone is at risk of entering a predatory marriage, preventive action and obtaining urgent advice are key. There are a number of things to consider:

1. Capacity: does your loved one have capacity to make a decision to marry? Capacity is an issue-specific question, so a person may have capacity to make decisions, for example, about contact with others, or as to how their care needs are met, but not have capacity to marry.
2. Vulnerable adult: if your loved one does have capacity to make a decision to marry, are they, in any event, unable to make a capacitous decision, because of the undue influence and/or coercive control of the person seeking the marriage?
3. Safeguarding: is an urgent safeguarding referral under the Care Act 2014 and/or to the police for consideration of an offence under the Serious Crime Act 2015 required?
4. Court of Protection/High Court: is an urgent court application needed? Orders can be sought to seek declarations as to your loved one’s capacity, decisions about what is in their best interests and/or injunctions under the Mental Capacity Act 2005, or the High Court’s inherent jurisdiction, including orders to restrict contact and prevent marriage.
5. Lasting Powers of Attorney (LPA): if your loved one has capacity to enter into a LPA for property and affairs and/or health and welfare, should they do so? What are the timescales? Creating LPAs will mean that an attorney/s will have authority to make decisions, once the LPA is triggered, and they can act as an additional safeguard against predatory marriage.
6. Deputyship: if there are no LPA/s in place, and your loved one lacks capacity to create them, should an application be made for the appointment of a deputy? Should you apply for a property and affairs deputyship or a health and welfare deputyship, or both? How long will any application take?

What if a family member has already married?

If you suspect that a vulnerable individual has already entered into a predatory marriage, legal action may still be possible. Each of the points above will need urgent consideration but instead of potential injunctive orders under the Mental Capacity Act 2005, or the High Court’s inherent jurisdiction, consideration would need to be given to applications for the following:

a. Forced Marriage Protection Order

A forced marriage occurs when one or both individuals are married without their full and free consent. Force can include psychological abuse and emotional pressure as well as physical abuse and threats. Forced marriages are not the same as arranged marriages.

Forced Marriage Protection Orders (FMPOs) are made by the family courts to safeguard vulnerable individuals who are being forced into marriage or are already in one. Courts can grant urgent FMPOs that are tailored to each case to ensure immediate protection to individuals being pressured or exploited. Applications can be made by a relevant third party, such as a family member, appointed by the Lord Chancellor, or by the vulnerable party with the help of a legal representative, or any other person with the permission of the court.

Breaching a FMPO is a serious matter; it is a criminal offence, punishable by up to five years in prison. In addition, a breach of a court order can lead to up to two years in prison for contempt of court.

b. Nullity of Marriage Order

Under section 12 of the Matrimonial Causes Act 1973, a marriage may be annulled if it is defective, or ‘voidable’, due to lack of consent or mental disorder. These grounds include:

• 12 c “that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise”
• 12 d “that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983of such a kind or to such an extent as to be unfitted for marriage”

If a marriage is voidable, it remains a valid marriage until an application to the court resulting in a Nullity of Marriage Order is obtained.

Protecting vulnerable loved ones from predatory marriages requires prompt action. Whether preventing a potential marriage or challenging an existing one, we can provide expert guidance and advice to ensure that your loved one is protected. Whether that be ensuring an appropriate capacity assessment, safeguarding them personally and their assets, making any relevant applications to the Court of Protection and/or the High Court and/or applying for Force Marriage Protection Orders and/or Nullity of Marriage Orders, we can help.

If you are concerned about a predatory marriage, contact family partner Victoria Furlong or mental capacity and Court of Protection partner Zena Bolwig.