O'K. v. O'K. [2005] IEHC 384 (29 July 2005)

The petitioner, by reason of serious mental illness (bipolar disorder) and its effects on his personality, was incapable of sustaining a normal marital relationship with the respondent. The respondent's commencement of judicial separation proceedings constituted sufficient repudiation of the marriage. Therefore, the marriage is null and void.

Citation: [2005] IEHC 384
Parties: Applicant: O'K; Respondent: O'K
Jurisdiction: Ireland
Judgment Date: 29 July 2005
Procedural Posture: Nullity Petition / High Court Judgment
Outcome: Petition granted; marriage declared null and void.
Legal Topics: Nullity of Marriage, Mental Capacity, Repudiation of Marriage, Psychiatric Illness

Family Law Nullity of Marriage Mental Capacity Repudiation of Marriage Psychiatric Illness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2

Parties

O'K

Applicant

O'K

Respondent

Procedural Posture

Nullity Petition / High Court Judgment

Legal Issues

1 Whether the petitioner was capable of giving full, free, and informed consent to the marriage
2 Whether the petitioner was capable of entering into and sustaining a normal marital relationship
3 Whether the respondent was capable of entering into and sustaining a normal marital relationship

Ratio Decidendi

Court Disposition

Petition granted; marriage declared null and void.

Orders

Decree of nullity granted on grounds of petitioner's incapacity to sustain a marital relationship.