OpenLegislation

Rule 6.5 Petition for nullity on ground of insanity, etc

Northern Ireland

(1)

Where a petition for nullity [f1 of marriage] has been presented on the ground that at the time of the marriage the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 of such a kind or to such an extent as to be unfitted for marriage, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.

[(1A

f2 Where a petition for nullity of civil partnership has been presented on the ground that at the time of the formation of the civil partnership the respondent was suffering from mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986f3 of such a kind or to such an extent as to be unfitted for civil partnership, then, whether or not the respondent gives notice of intention to defend, the petitioner shall not proceed with the cause without the leave of the Master.]

(2)

The Master may make it a condition of granting leave that some proper person be appointed to act as guardian ad litem of the respondent.

Annotations

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05

f2

Paragraph inserted by S.R. 2005 No. 497 with effect from 05.12.05

f3

1986 No. 595 (N.I. 4)