Predatory marriage is where someone takes advantage of a vulnerable individual, coercing or manipulating them into marriage for personal gain. This deeply concerning issue frequently involves individuals who may not have the capacity to fully understand or consent to the marriage, such as those living with dementia or other impairments.
The consequences can be profound, including the revocation of earlier wills, inheritance disputes and emotional distress for family members. Loved ones may face unexpected legal challenges, particularly when inheritance plans are disrupted or family members are excluded.
Laws like the Marriage Act, the Matrimonial Causes Act and the Mental Capacity Act are designed to protect vulnerable individuals, but applying these legal protections can be complicated and warning signs are not always obvious when romantic relationships are involved. Seeking expert legal advice is a critical first step in addressing these challenges and safeguarding your loved ones.
At Switalskis, our dedicated team is here to support and protect vulnerable individuals and their families impacted by predatory marriages. We are committed to safeguarding your loved ones’ rights, preserving their assets and respecting their dignity.
To speak to a solicitor in confidence about a predatory marriage, call us now on 0800 138 0458 or contact us through our website .
The expert team at Switalskis brings extensive experience to cases of predatory marriage, focusing on protecting vulnerable individuals. We assess whether the person had the capacity to marry at the time, paying close attention to any signs of mental or testamentary incapacity. If there are concerns about capacity, coercion or undue influence, we conduct thorough investigations to uncover the truth and provide clear, informed guidance throughout the process.
We can also advise you on the legal implications of marriage, including how marriage revokes any earlier wills, and provide support with intestacy issues. If needed, we can assist with applications to determine if marriage was voidable, or discuss applications for a statutory will under the Mental Capacity Act to help protect a vulnerable person’s estate. For families looking to annul a voidable marriage or contest a disputed marriage contract, we offer straightforward, practical advice.
In cases involving forced marriage, we can explore options to safeguard vulnerable individuals, such as applying for an urgent Forced Marriage Protection Order. Whether you need to protect a loved one, challenge the validity of a marriage or resolve disputes over an estate, we’re here to provide clear, effective support.
In England and Wales, marriage cancels any existing wills unless a new one is made specifically in anticipation of the marriage. This can catch families off guard, as the surviving spouse might inherit the entire estate under intestacy rules. The legitimacy of the marriage can also affect property rights, inheritance claims and financial support for dependants.
If you or a loved one has been affected by a predatory marriage, there are legal options to protect rights and assets. At Switalskis, our experienced solicitors will provide guidance and support to help you address the complex issues these cases present. Although each case is unique, here’s an overview of our general approach:
We begin with a confidential meeting to understand your circumstances and concerns. This consultation allows us to identify the most appropriate course of action, whether that involves challenging the marriage's validity, seeking annulment or addressing inheritance disputes. A key detail is whether the person affected by the marriage is still alive or has unfortunately passed away.
Our team gathers and reviews the necessary evidence to support your case. This may include medical records, financial documents or witness statements to demonstrate undue influence, lack of capacity or other factors impacting the marriage. If the person affected is no longer alive, it might be appropriate to discuss whether a variation to intestacy can be agreed with the surviving spouse.
We represent you in any required legal proceedings, whether you are challenging the validity of the marriage, seeking to annul it or addressing related estate disputes. Our solicitors approach each case with sensitivity and precision, to make sure your case is presented clearly and effectively.
After the legal process, we continue to provide assistance to address any ongoing concerns. This may include guidance on asset distribution, support in estate administration or help with modifying legal arrangements as circumstances evolve.
To help prevent future issues, we advise on practical steps, such as drafting new wills or establishing legal safeguards for vulnerable individuals.
Dealing with a predatory marriage and family conflict can be both legally and emotionally challenging. However, you don’t have to face it alone. At Switalskis, we offer a combination of legal expertise and compassionate support, dedicated to protecting vulnerable individuals and pursuing justice on their behalf.
A valid marriage requires both parties to have the capacity to marry, give informed consent, and understand the implications of the union. Other formalities must also be complied with in relation to the process and relevant authorities. A marriage may be declared voidable if one party lacked mental capacity or was coerced into the marriage through undue influence.
A marriage can be declared as never having been legally valid or voidable if the person lacked capacity. A marriage is not legally valid if the following circumstances apply:
A marriage can also be classed as valid but voidable under these circumstances. This particularly applies if the evidence demonstrates that the individual lacked mental capacity or was subjected to undue influence. There are also other reasons why a marriage can be voided, such as non-consummation. This can protect the individual’s estate and ensure fair distribution of their assets, but it can only be done if the individual is still alive.
Under the Wills Act, marriage automatically revokes any previous wills unless they were explicitly made in contemplation of marriage. This often leaves the surviving spouse as the primary inheritor under intestacy rules. This law may soon change with proposals that have been introduced in the Wills Reform Act but, for now, the position remains.
A statutory will is a legal document made under the supervision of a court for someone who can no longer make their own will because they lack the ability to do so (also known as lacking testamentary capacity). It makes sure their estate is distributed fairly and in their best interests, protecting them from exploitation. The court will decide as to what is fair based on evidence provided during the proceedings. This may apply where a person had capacity to marry but not to make a new will afterwards.
If coercion or undue influence is present, a forced marriage protection order can be sought to prevent or address the situation, offering protection to vulnerable individuals.
Got questions or ready to get going? Just give us a ring on 0800 1380 458 or drop us a line through the website. Whenever you need us, we're here to help.
A Lasting Power of Attorney (LPA) or the older Enduring Power of Attorney (EPA) gives an appointed attorney authority to make decisions about a person’s property, finances, health or welfare when they cannot manage these matters themselves. Under the Mental Capacity Act 2005, attorneys are required to act responsibly and always in the donor’s best interests.
When someone close to you can no longer manage their own finances or make decisions about spending their money, there’s a real risk that money could be misused or essential bills left unpaid. Sometimes, family members try to help without the right legal authority; other times, vulnerable people are at risk of being exploited. Acting early to safeguard assets protects the person and reduces the chance of future disputes, when emotions are high as estates are being distributed and money has been spent.
Contentious probate refers to any dispute about how a person’s estate is handled after their death. These disputes can take many forms, such as concerns about whether a will is valid, disagreements between executors and beneficiaries and conflicts over trusts or claims for provisions from excluded or disappointed beneficiaries.
Succession is a gripping watch because it shows what happens when succession planning is left vague or avoided altogether. The boardroom falls silent, loyalties fracture, and chaos begins. Unlike television, though, real families don’t get a second season to fix probate mistakes. When wills are unclear or absent, disputes erupt, estates stall, and grief turns into litigation.
Dealing with the sensitive and complex issue of forced marriage can be stressful, but you don’t have to face it on your own. Here’s what sets Switalskis apart when it comes to expert legal advice and compassionate support:
Forced marriage cases can involve a mix of legal, cultural and emotional challenges. At Switalskis, we focus on simplifying the legal process, breaking down complex terms into straightforward advice you can understand. Our team is here to explain your rights and options clearly as we guide you through the process, so you’re always informed and confident in the decisions you’re making.
Reaching out for help in matters as personal as forced marriage takes courage. We offer more than just legal expertise - we provide understanding and support. Our team works to build a trusting relationship, so you feel safe and supported throughout.
Our solicitors bring years of experience in family law, with a particular focus on forced marriage cases. Many of our team members hold recognised accreditations, reflecting their knowledge and ability to handle these sensitive situations effectively. You can trust us to deliver advice and representation built on proven expertise.
At Switalskis, we’re dedicated to achieving the best outcome for you. Whether it’s applying for a forced marriage protection order or addressing the wider legal implications of your case, we are committed to protecting your rights and wellbeing with determination and care.
If you or someone you care about is dealing with the challenges of a predatory marriage, you don’t have to face it alone. Taking the first step to protect your loved one’s rights and assets starts with reaching out.
At Switalskis, our experienced solicitors are here to provide clear legal guidance and practical support during this challenging time. Let us help you safeguard your family’s future with advice and representation you can trust.
Call us on 0800 138 0458 or contact us through our website for a confidential, no-obligation consultation.
