What Is a Predatory Marriage? Legal Implications and How to Protect Loved Ones

Many predatory marriages are legally valid. The Matrimonial Cause Act 1973 provides limited circumstances in which a marriage can be declared void or voidable.

A marriage is void and treated as if it never took place if:

• The parties are closely related
• One party is already lawfully married or in civil partnership
• The formal legal requirements were not followed
• One or both parties were under 18
• Either party is a prisoner serving a whole life sentence and did not obtain the Secretary of State's consent to the marriage

A marriage may be voidable in the following circumstances: -

• Lack of consummation (due to incapacity or wilful refusal)
• 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 1983 of such a kind or to such an extent as to be unfitted for marriage
• The respondent was suffering from venereal disease in a communicable form
• The respondent was pregnant by some person other than the petitioner
• An interim gender recognition certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage
• That the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act

If a marriage is voidable, it remains a valid marriage until the nullity of marriage order.

Many people do not realise that, even where a marriage is annulled (rather than ended by divorce), financial remedies under the Matrimonial Causes Act 1973 are still available, provided the court has granted a decree of nullity.

This means that the financially weaker party (often the vulnerable spouse) can apply for financial relief in much the same way as in divorce proceedings. The court can make orders including: -

• Lump sum payments
• Property adjustment orders
• Pension sharing orders
• Spousal maintenance

However, it is important to note:

• The marriage must have been valid at the time of celebration and only later declared voidable.
• The application for financial remedy must be made within 12 months of the decree of nullity, unless the court permits otherwise.

• If the marriage is characterised as a non-marriage rather than a void or voidable marriage, there is no marriage and no financial relief available to the applicant under the Matrimonial Causes Act 1973.

If the marriage is characterised as a non-marriage rather than a void or voidable marriage, there is no marriage and no financial relief available to the applicant under the Matrimonial Causes Act 1973.

There is a growing call for legal reform. The Law Commission has published its report and recommendations on Modernising Wills Law.

Some key proposals include:

• Not allowing marriage to revoke a will.
• Raising the test for capacity to marry to align it with the test for testamentary capacity.
• Improved safeguards and awareness in marriage registration procedures, especially involving elderly or vulnerable adults.