Maitland v Donn [2008] NIFam 4 (13 March 2008)

Maitland v Donn [2008] NIFam 4 (13 March 2008)

The evidence did not establish that the petitioner was subjected to pressure sufficient to destroy the reality of her consent or overbear her will; the circumstances fell far short of the threshold for duress required to grant a decree of nullity.

Citation
[2008] NIFam 4
Parties
Petitioner: C Maitland; Respondent: D Donn
Jurisdiction
Northern Ireland
Judgment Date
13 March 2008
Procedural Posture
Nullity Petition / Judgment After Hearing
Outcome
application dismissed
Legal Topics
Nullity of Marriage, Duress, Consent to Marriage
Family Law Nullity of Marriage Duress Consent to Marriage

Case Brief

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Parties

C Maitland

Petitioner

D Donn

Respondent

Procedural Posture

Nullity Petition / Judgment After Hearing

Legal Issues

  1. 1 Whether the petitioner's consent to marriage was vitiated by duress, rendering the marriage voidable under article 14(c) of the Matrimonial Causes (Northern Ireland) Order 1978

Ratio Decidendi

The evidence did not establish that the petitioner was subjected to pressure sufficient to destroy the reality of her consent or overbear her will; the circumstances fell far short of the threshold for duress required to grant a decree of nullity.

Court Disposition

application dismissed