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 she was not told by the husband of his prolonged psychiatric treatment, a circumstance which, subjectively for her, was material to her decision to marry. The subjective test for informed consent was not satisfied, rendering the marriage null and void.

Source-derived case information.

Citation
[1996] 1 IR 208
Parties
Plaintiff: M. O’M. (otherwise O’C.); Defendant: B. O’C.
Jurisdiction
Ireland
Procedural Posture
Appeal in Nullity Suit / Supreme Court Appeal From High Court Decision
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

Source-derived case record

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 Appeal From High Court Decision

Legal Issues

  1. 1 Whether the parties were capable of entering into and sustaining 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 she was not told by the husband of his prolonged psychiatric treatment, a circumstance which, subjectively for her, was material to her decision to marry. 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 between the parties is null and void due to lack of informed consent by the petitioner.