The Supreme Court has upheld the refusal of an application by L.B. to have her marriage to T.MacC annulled on grounds including alleged deception and lack of psychological capacity to marry.
The parties married in Glasgow on May 5, 1993 and later lived both in Scotland and in the south of Ireland. They had two children and separated in July 1997. L.B. petitioned for nullity in 1999, alleging that her consent had been obtained through misrepresentation about her husband's finances, family, professional position and intentions. She also claimed he suffered from a personality disorder which left him unable to enter or sustain a normal marital relationship.
The High Court rejected the petition in December 2004. Its factual findings were not challenged on appeal.
Evidence before the High Court showed that T.MacC had concealed financial difficulties, became heavily dependent on L.B., was unsuccessful in several business ventures and engaged in a number of deceitful acts. Psychiatrist Dr Gerard Byrne considered that T.MacC had a narcissistic personality disorder which prevented him from consenting to and sustaining the marriage.
However, the High Court was not satisfied that his personality traits amounted to a disorder severe enough to invalidate the marriage. The Supreme Court found that the trial judge was entitled to reach that conclusion.
Mr Justice Kearns stressed the distinction between objectionable conduct and legal incapacity. Most of the behaviour relied upon occurred after the marriage and showed irresponsibility, immaturity or dishonesty rather than an inability, at the time of marriage, to enter the marital contract.
The court also reaffirmed that misrepresentation about matters such as wealth, family circumstances or personal qualities does not ordinarily invalidate a marriage. Nullity requires substantially stronger evidence of incapacity existing when the marriage was celebrated.
The appeal was dismissed, leaving the High Court refusal of nullity in place.