O'M. (M.) v. O'C. (B.) [1996] IESC 3; [1996] 1 IR 208 (18th April, 1996)

O'M. (M.) v. O'C. (B.) [1996] IESC 3; [1996] 1 IR 208 (18th April, 1996)

The wife's consent to the marriage was not informed because the husband failed to disclose his prior psychiatric treatment, a circumstance which the wife credibly testified would have prevented her from marrying him. The subjective test for informed consent was not satisfied, rendering the marriage null and void.

Citation
[1996] IESC 3
Parties
Plaintiff: M. O’M. (otherwise O’C.); Defendant: B. O’C.
Jurisdiction
Ireland
Procedural Posture
Appeal in Nullity Suit / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; marriage declared null and void.
Legal Topics
Nullity of Marriage, Informed Consent, Capacity to Marry
Family Law Nullity of Marriage Informed Consent Capacity to Marry

Case Brief

Summary, issues, holding and outcome

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Parties

M. O’M. (otherwise O’C.)

Plaintiff

B. O’C.

Defendant

Procedural Posture

Appeal in Nullity Suit / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the parties were able to enter into and sustain a normal functional lifelong marital relationship at the date of marriage
  2. 2 Whether the petitioner (wife) gave a full, free and informed consent to the marriage

Ratio Decidendi

The wife's consent to the marriage was not informed because the husband failed to disclose his prior psychiatric treatment, a circumstance which the wife credibly testified would have prevented her from marrying him. The subjective test for informed consent was not satisfied, rendering the marriage null and void.

Court Disposition

Appeal allowed; marriage declared null and void.

Orders

  • Declaration that the marriage is null and void due to lack of informed consent by the wife.