Predatory marriage: prevention, protection and proposals for reform

Predatory marriage, which can be described as ‘one where a person marries someone, often someone who is elderly or who lacks the mental capacity to marry, as a form of financial abuse’ appears to be on the rise. This article analyses the legal mechanisms that can currently be employed to prevent and respond to predatory marriages and civil partnerships in England and Wales, such as caveats and objections, orders under the Mental Capacity Act, forced marriage protection orders and nullity orders. It concludes that there are significant limitations to the law, which means that this harmful practice is not being adequately addressed. The paper examines recommendations to improve the law that have been made by the Law Commission and organisations such as ‘Hourglass’ and ‘Predatory Marriage UK’ and considers the stance taken in other jurisdictions e.g. Australia. The article concludes that extensive reforms are required to more effectively deter and prevent predatory marriages and to respond to them if they do take place e.g. the abolition of the general rule that marriage and civil partnerships revoke a will and the introduction of a statutory duty to separately interview the parties to a prospective marriage or civil partnership.

Authors

Institutions

Publication Details

Journal
Journal of Social Welfare and Family Law
Published
2026-07-23
DOI
https://doi.org/10.1080/09649069.2026.2697633
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Predatory marriage: prevention, protection and proposals for reform

Ruth Gaffney‐Rhys
Journal of Social Welfare and Family Law
Family and Matrimonial Law
article

Predatory marriage: prevention, protection and proposals for reform

Ruth Gaffney‐Rhys
article en

Abstract

Predatory marriage, which can be described as ‘one where a person marries someone, often someone who is elderly or who lacks the mental capacity to marry, as a form of financial abuse’ appears to be on the rise. This article analyses the legal mechanisms that can currently be employed to prevent and respond to predatory marriages and civil partnerships in England and Wales, such as caveats and objections, orders under the Mental Capacity Act, forced marriage protection orders and nullity orders. It concludes that there are significant limitations to the law, which means that this harmful practice is not being adequately addressed. The paper examines recommendations to improve the law that have been made by the Law Commission and organisations such as ‘Hourglass’ and ‘Predatory Marriage UK’ and considers the stance taken in other jurisdictions e.g. Australia. The article concludes that extensive reforms are required to more effectively deter and prevent predatory marriages and to respond to them if they do take place e.g. the abolition of the general rule that marriage and civil partnerships revoke a will and the introduction of a statutory duty to separately interview the parties to a prospective marriage or civil partnership.

Journal of Social Welfare and Family Law
University of the West of England (GB)
Openalex Percentile: Top 2%
Family and Matrimonial Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Predatory marriage: prevention, protection and proposals for reform — Ruth Gaffney‐Rhys · Journal of Social Welfare and Family Law (2026) | TGRS Research Map | TGRS