What does the law say?

In UK law, marriage and civil partnerships rely on consent. The Marriage Act 1989 requires that two adult parties agree to a marriage, it is implicit that they understand and agree to marry by giving informed consent which is dependent on capacity to make decisions as determined by the Mental Capacity Act 2005.

The Anti Social Behaviour, Crime and Policing Act 2014 created the criminal offence of forced marriage. It is a criminal offence to marry a person who lacks the mental capacity to consent to the marriage, regardless of any pressure. It is also a crime to pressure someone to marry by any means.

How do predators target those at risk?

Grooming
Predators may identify a vulnerable target and spend time “grooming” them to persuade them that they hold them in high esteem and to make them feel valued and loved. Predators often describe themselves as the victims carer. In some cases the predator may move into the home.

Isolation
Predators may spend time creating physical and emotional divisions between the individual and their friends and family to ensure only their voice is heard in isolation.

Harassment
Predators may stimulate or create conflict and division within families and friendship networks to further isolate the person.

What are the signs and indicators?

The signs and indicators are similar to other types of abuse, the person may appear isolated, withdrawn, fearful or unsure about their relationship or the people around them. However, when dementia is present, the victim may not be confused or fearful.

Presenting as ‘pleasantly confused’ should not be interpreted as consenting. There have been cases where individuals with dementia have been targeted, married covertly and the marriage only comes to light sadly following their death.

Joan was born in Barrow in Furness, Cumbria and was a victim of predatory marriage. Joan was 91 with severe dementia and terminal cancer and after her death in March 2016, her family found out that a much younger man, age 68, had secretly married her five months previously.

Joan never knew that she was married, and the events after her death had a devastating effect on her family both emotionally and financially.

You can read the story of Joan, who sadly was a victim of predatory marriage here and the campaign of Joan's daughter, Daphne Franks and family which continues to raise awareness of predatory abuse to protect those at risk.

The registrar should interview adults separately
to ascertain capacity and consent, and stop any
marriages where concerns are raised. Legally in the UK a marriage will always revoke a Will so anyone who marries (or who remarries) would need to make a new Will to be clear about their wishes upon death.

• Once married, the predator is entitled to make decisions regarding funeral arrangements which may eclipse any decisions made with family members prior to the marriage taking place.
• Predatory Marriage relies on coercive control and is a form of forced marriage.
• Lasting Power of Attorney does not protect against a coercive predatory marriage.

What to do

• Raise concerns with the registrar.
• Raise concerns with the police and local authority.
• Discuss concerns with the Forced Marriage Unit.
• Advise the family to seek specialist legal advice.
• Consider applying for a forced marriage protection order.
• Consider a 'caveat in expectation of marriage' via a specialist solicitor.