L.B. -v- T.McC. [2009] IESC 21 (06 March 2009)

L.B. -v- T.McC. [2009] IESC 21 (06 March 2009)

The evidence did not establish that the respondent's personality traits or alleged misrepresentations were so outside the norm as to constitute a personality disorder or incapacity to contract a valid marriage. Misrepresentation or lack of disclosure regarding financial, family, or personal circumstances does not, absent incapacity or inherent disposition affecting consent, ground a decree of nullity. The trial judge was entitled to reject the psychiatric evidence and to find that the respondent's conduct, while egotistical and deceitful, did not amount to incapacity at the time of marriage.

Citation
[2009] IESC 21
Parties
Petitioner/appellant: L. B.; Respondent: T. MacC.
Jurisdiction
Ireland
Judgment Date
06 March 2009
Procedural Posture
Appeal (matrimonial/nullity) / Supreme Court Judgment on Appeal From High Court Refusal of Annulment
Outcome
appeal dismissed; High Court order affirmed; annulment refused
Legal Topics
Nullity of Marriage, Capacity to Marry, Misrepresentation, Fraud, Personality Disorder, Consent to Marriage
Family Law Nullity of Marriage Capacity to Marry Misrepresentation Fraud Personality Disorder Consent to Marriage

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Parties

L. B.

Petitioner/appellant

T. MacC.

Respondent

Procedural Posture

Appeal (matrimonial/nullity) / Supreme Court Judgment on Appeal From High Court Refusal of Annulment

Legal Issues

  1. 1 Whether misrepresentation and alleged personality disorder of the respondent rendered the marriage void for lack of capacity or informed consent
  2. 2 Whether the conduct and character of the respondent constituted grounds for nullity

Ratio Decidendi

The evidence did not establish that the respondent's personality traits or alleged misrepresentations were so outside the norm as to constitute a personality disorder or incapacity to contract a valid marriage. Misrepresentation or lack of disclosure regarding financial, family, or personal circumstances does not, absent incapacity or inherent disposition affecting consent, ground a decree of nullity. The trial judge was entitled to reject the psychiatric evidence and to find that the respondent's conduct, while egotistical and deceitful, did not amount to incapacity at the time of marriage.

Court Disposition

appeal dismissed; High Court order affirmed; annulment refused