McC (D.) v. C (E.) [1998] IEHC 109 (6th July, 1998)

McC (D.) v. C (E.) [1998] IEHC 109 (6th July, 1998)

The applicant was incapable of entering into or sustaining a normal marital relationship due to psychological vulnerability, immaturity, and the effects of childhood abuse and alcoholism, and thus the marriage is null and void.

Citation
[1998] IEHC 109
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
decree of nullity granted
Legal Topics
Nullity of Marriage, Capacity to Marry, Consent, Psychological Incapacity
Family Law Nullity of Marriage Capacity to Marry Consent Psychological Incapacity

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the applicant or respondent lacked capacity to enter into and sustain a normal marital relationship at the time of marriage
  2. 2 Whether lack of free and informed consent rendered the marriage void
  3. 3 Whether repudiation by the respondent is required for a decree of nullity

Ratio Decidendi

The applicant was incapable of entering into or sustaining a normal marital relationship due to psychological vulnerability, immaturity, and the effects of childhood abuse and alcoholism, and thus the marriage is null and void.

Court Disposition

decree of nullity granted

Orders

  • The marriage entered into between the Applicant and the Respondent is declared null and void.