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Family Law

The leading authority on all aspects of family law

15 DEC 2005

MARRIAGE: Re SA (Vulnerable Adult with Capacity: Marriage) [2005] EWHC 2942 (Fam)

(Munby J; Family Division; 15 December 2005), [2006] 1 FLR 867

The court's inherent protective jurisdiction could be exercised in relation to a vulnerable adult who, even if not incapacitated by mental disorder or mental illness, was, or was reasonably believed to be, either under (i) constraint or (ii) subject to coercion or undue influence or (iii) for some other reason deprived of the capacity to make the relevant decision, or disabled from making a free choice, or incapacitated or disabled from giving or expressing a real and genuine consent. In relation to a deaf woman who was unable to communicate with her family in her own language, British Sign Language, or to lip read their first language, the court made an order to ensure that she was properly informed in a manner which she could understand about any specific marriage prior to entering into it.

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