Capacity and Marriage | Blog Series

Here at Anthony Gold Solicitors, we are sadly seeing an increase in clients approaching us for advice because they have concerns that a relative or friend may be subject to a predatory marriage.

The test for capacity to enter a marriage contract does not require a high or complex level of understanding. It is also one that would, strictly speaking, be regarded as a health and welfare decision. However, the financial implications of marriage can be wide-reaching and complicated to overturn.

Where it is suspected that a vulnerable individual is being financially exploited by way of marriage it is important to act quickly to ensure adequate protection is implemented as soon as possible.

We have put together a series of blogs looking at the legal consequences of a predatory marriage and the preventative measures that can be implemented to protect a vulnerable individual from such a marriage. The blogs will be shared over the coming week:

Predatory marriages and Probate Claims

David Wedgwood looks at the impact of a voidable marriage on an individual’s estate and their testamentary wishes.

Does my Relative have Capacity to Marry and What can I do to Protect them?

Nicola Gunn sets out the legal test for marriage and looks at the Court of Protection’s approach to applying the test.

Capacity to Marry – the Legal Test

Alexandra Knipe looks at the recent case of  WU v BU (by her litigation friend, the Official Solicitor) [2021] EWCOP 54 where the High Court exercised its inherent jurisdiction to protect P and implemented a forced marriage Order.  

Marriage Caveats

Alice Collier looks at marriage caveats to prevent/stop a suspected predatory marriage.

Forced Marriage Protection Orders

Ffion Jones sets out how to apply to the Court for a Forced Marriage Protection Order.