Member Login

Applicant for nullity of marriage fails to establish absence of consent

By: Mark Tottenham BL

or click here to request site subscription to search and view all judgments

High Court refuses a decree of nullity of a marriage entered into in 1995, on the grounds that: (a) there was no plausible evidence to suggest that the wife had not consented to the marriage, where she had met the husband when working independently in the US before celebrating the marriage in Ireland with friends and family; and (b) there was no evidence to suggest that the husband had lacked the capacity to enter into and sustain a normal marital relationship, and allegations concerning his sexual orientation were 'utterly reprehensible'.

Family law - nullity - marriage in 1995 - children born in 1997 and 2001 - separation in 2008 - decree of judicial separation in 2011 - alleged duress by husband - whether wife entered into marriage without consent - whether husband had capacity to enter into and sustain a caring and considerate marital relationship - psychiatric evidence - whether marriage could be ratified or approbated such as to render it valid - estoppel - delay - burden of proof.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Reply

Your email address will not be published. Required fields are marked *