M. (P.) v. R. (T.) [1998] IEHC 27 (18th February, 1998)

M. (P.) v. R. (T.) [1998] IEHC 27 (18th February, 1998)

The Petitioner failed to discharge the burden of proof to show absence of consent or incapacity; the evidence established that both parties gave full, free and informed consent and were mature and capable at the time of marriage.

Citation
[1998] IEHC 27
Parties
Petitioner: [Redacted] (Petitioner); Respondent: [Redacted] (Respondent)
Jurisdiction
Ireland
Procedural Posture
Petition for Nullity of Marriage / Final Judgment
Outcome
petition dismissed
Legal Topics
Nullity of Marriage, Consent, Capacity to Marry
Family Law Nullity of Marriage Consent Capacity to Marry

Case Brief

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Parties

[Redacted] (Petitioner)

Petitioner

[Redacted] (Respondent)

Respondent

Procedural Posture

Petition for Nullity of Marriage / Final Judgment

Legal Issues

  1. 1 Whether the marriage should be declared null and void for lack of full, free and informed consent
  2. 2 Whether either party lacked the capacity to form and sustain a valid marital relationship

Ratio Decidendi

The Petitioner failed to discharge the burden of proof to show absence of consent or incapacity; the evidence established that both parties gave full, free and informed consent and were mature and capable at the time of marriage.

Court Disposition

petition dismissed

Orders

  • Decree of nullity refused