Predatory Marriage; a guide to a new form of financial abuse by Sarah Young explores the alarming issue of predatory marriages, where vulnerable individuals are exploited into marriage for financial gain. Vulnerability can arise from various sources, including cognitive impairments such as dementia, financial dependence, cultural factors, and more. This blog delves into the definition of predatory marriages, the risks they pose, recent examples, safeguards, legal implications, and potential preventative measures.

• What is a Predatory Marriage?
• Understanding the Problem
• Recent Case Study
• Marriage and Capacity
• Existing Safeguards
• Inheritance Implications
• Post-Victim Death Annulment
• Prevention Strategies
• Final Thoughts
• How Ridley & Hall’s Litigation Solicitors Can Help

What is a Predatory Marriage?

A predatory marriage involves the exploitation of a vulnerable person to induce them into marrying another individual, often resulting in financial abuse. This abuse can stem from cognitive impairment (such as dementia), financial dependency, cultural factors, or other vulnerabilities. Predators typically target older individuals with cognitive impairments, grooming them into what are sometimes secret relationships for financial gain.

Understanding the Problem

Predatory marriages lead to severe financial consequences for victims, often without their awareness. In England & Wales, marriage revokes a will – so someone’s carefully considered wishes, for example to provide for their children and grandchildren could be completely overturned by a later life marriage. There is an urgent need for awareness and protective measures to prevent exploitation.

The occurrence of predatory marriages is difficult to quantify due to underreporting and data collection issues. However, instances do occur, and campaigners like Daphne Franks, whose mother was a victim of a predatory marriage, have been working hard to raise awareness. The growing demographic of elderly individuals, especially those over 85, and the rise of cognitive impairments contribute to the increasing risk of predatory marriages.

Recent Case Study

The case of Dr. Evi Kalodiki, whose estate is worth £10 million sheds light on the impact of predatory marriages. She made a Will, while in a hospice suffering from a terminal illness. The Will left one sixth of her estate to her partner Dr Chris Lattimer. Later on the same day that Will was revoked by her subsequent marriage to Dr. Lattimer  – who significantly benefitted from the intestacy that arose because the Will was no longer valid. The legal complexities surrounding cases like these emphasise the need for legal reforms and safeguards.

Marriage and Capacity

The threshold for capacity to marry is lower than for making a will, and proving lack of capacity falls on the challenger. Registrars lack specific training in mental capacity, allowing predatory marriages to occur and often escaping family notice.

Existing Safeguards

Several protective measures exist to prevent predatory marriages:

– Caveats can be entered under the Marriage Act 1949 to prevent marriages.

– Capacity assessments can be obtained, if the potential victim consents.

– Forced Marriage Protection Orders (FMPOs) can be sought.

– Human rights treaties emphasize the importance of free and full consent in marriage.

– The Anti-Social Behaviour and Policing Act 2014 holds perpetrators criminally accountable.

Inheritance Implications

Predatory marriages can have significant implications on inheritance. If a victim loses the capacity to change their Will after such a marriage, they may die intestate. The intestacy rules in England & Wales are generous to spouses, even if the marriage is very short lived.

Post-Victim Death Annulment

Even if a predatory marriage is annulled after the victim’s death, it will still revoke a previous will due to a legal precedent.

Prevention Strategies

Preventing predatory marriages requires a comprehensive approach, including legal reforms. Other countries, like Canada and some US states, have altered laws to address this issue. In the UK, recognising the problem and adapting laws to modern challenges is crucial to protecting vulnerable individuals.

Final Thoughts

This illuminating blog has cast a spotlight on the distressing phenomenon of predatory marriages and the ensuing financial exploitation. Through a comprehensive exploration encompassing problem identification, consequence analysis, preventive strategies, and potential legal adjustments, this blog advocates for heightened awareness and proactive measures. We can and must prevent those who would seek to prey on vulnerable individuals.

How Ridley & Hall’s Litigation Solicitors Can Help

If you suspect that you or a family member may be a victim of a predatory marriage, don’t hesitate to reach out. Feel free to contact one of our knowledgeable litigation solicitors to obtain legal guidance through our freephone service. Your concerns matter, and we are here to provide the support and advice you need.

Sarah Young – Director & Solicitor