Courts / Ireland / Report

Woman who claimed husband was gay fails in appeal over marriage annulment

Summary

In 2021, a woman who had married a man in the 1990s and later separated sought annulment of the marriage in the High Court, claiming she had been coerced and that her husband was gay or bisexual, thereby lacking capacity to marry. The High Court dismissed her petition in 2019 due to insufficient evidence. She appealed to the Court of Appeal, alleging unfair trial and bias, but the appeal was dismissed entirely. The Court of Appeal, comprising Justices Costello, Haughton and Binchy, found no evidence that the marriage was entered into under duress or that the husband was homosexual. The court noted the woman's evidence was limited to a friend's remark and a teenage photograph, which could not establish sexuality. All other grounds, including claims of mental illness and judicial bias, were rejected, and the man was awarded legal costs.

Who, what, where, when and why

What: Report matter: Woman who claimed husband was gay fails in appeal over marriage annulment. Procedural stage: appeal

When:

• 2021-02-25 Publication

Why: A woman has failed in a bid to have her marriage formally annulled based on her claims that the marriage took place without her full consent and that her former husband lacked the capacity to marry because he was either gay or bisexual. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report