header-logo header-logo

23 March 2012
Issue: 7506 / Categories: Case law , Judicial line , In Court
printer mail-detail

Divorce: capacity to consent

On a two years’ with consent divorce petition, what should happen procedurally if there is doubt...

On a two years’ with consent divorce petition, what should happen procedurally if there is doubt about the respondent’s capacity to consent to a decree? Can a litigation friend consent on the respondent’s behalf?

Consent must be given personally (see FPR rr 6.16(2) and 7.12 (4), (6)). If there are grounds to believe that a respondent lacks capacity to consent to a decree, an assessment of that capacity will be required. It does not necessarily follow that a person who lacks capacity to conduct proceedings also lacks capacity to consent to a decree.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll