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Safeguarding for Vulnerable Adults

Additional Safeguarding is needed for vulnerable adults since the rise of Predatory Marriages

At SMQ Legal Services we have specialist solicitors that have great expertise in issues relating to safeguarding children, families, and adults. Our Bedford Solicitors aim to solve disputes within different aspects of family law.

There has been a significant growth in ageing population in the UK with an estimate of about 12 million people over the age of 65. Consequently, this has resulted to a rise in ‘predatory marriages.’

A predatory marriage is where a vulnerable individual is sadly exploited by someone who persuades them to marry for their own financial benefit, without the knowledge of their loved ones. This type of marriage is predominantly completed by manipulation with the sole purpose of receiving the individual’s estate upon their death. This is a devastating act, resulting to the entire family being affected because of a decision the defenceless individual made which they themselves did not understand the outcome of due to their vulnerability.

Under the English Law, getting married automatically revokes any previous Wills a person may have had. Currently, Intestacy Law allows the partner of the deceased the right to inherit the vast bulk of their spouse’s estate. This can be traumatising for family members when it comes to their knowledge that the spouse of the decreased only married for financial advantage.

Joan Blass aged 91 who suffered from a severe dementia was one such victim of this type of marriage. Upon her death it was revealed she secretly married a younger man. The marriage revoked all Joan’s previous Wills thus allowing the partner to inherit all her property and possessions, leaving nothing to her children. After Joan’s case, more than 70 people from all over the country revealed they suffered similar experiences with many families losing a huge percentage of their wealth whilst trying to fight for their inheritance.

This injustice created by the gap in the law has been receiving attention from both public and press along with the Labour MP, Fabian Hamilton considerably drawing attention to this matter. He describes these types of marriages as a “cruel exploitation”. In previous reports he mentioned amongst hundreds of families contacted him since he first raised the issue in Parliament in 2018.

What protection is in place?

Under the Forced Marriage (Civil Protection) 2007 Act it is a criminal offence to force an individual to marry without their consent. Although, forced marriages and predatory marriages are two separate concepts due to the element of consent, in 2019 137 cases were reported to the Forced Marriage Unit involving victims whose mental capacity to marriage was in doubt.

Alongside the Forced Marriage (Civil Protection) 2007 Act, other improvements have been established through campaigns and charities. Charites have warned many of the growing phenomenon of the elderly and vulnerable being effectively exposed to such contract for financial gain. In addition, campaigners have shown a great urge in altering the marriage laws to protect people against predators and to ensure people are mentally capable of agreeing to marry.

Proposed Changes

Recommended changes to help safeguard the vulnerable include the following:

  • Change the law so that a marriage does not automatically revoke a previous Will.
  • Create an offence of predatory marriage.
  • Introduce the publication of Notices/ Banns on the Internet.
  • Strong questionnaires for the Registrars to ask at the marriage ceremony.
  • Allow Registrars the authority to stop a marriage ceremony if there are any doubts.
  • Add “The marriage was fraudulent” to be allowed as one of the reasons to annul a marriage after the party has died.

The most important change that is needed to close this loophole is by training Registrars to interview people before they marry and refer them for a capacity assessment if there is doubt about their ability to consent. There is a strong urge to try and safeguard the elderly, especially under the new potential laws from the Law Commission, couples will be allowed to legally marry anywhere. This can be a threat for the elderly therefore additional safeguarding will be crucial to minimise any risks of predatory marriages. With the help and support of the public and government, these types of marriages can decrease and if so, come to an end.

We recognise vulnerable adults are in need for additional safeguarding due to the rise of predatory marriages thus such areas of law need to be dealt with greater integrity. At SMQ Legal Services we provide a free 20 minute consultation to our clients, so please contact SMQ Legal with any advice and support in relation to any family matters.