In our latest case study, Clare Curran discusses how an annulment was obtained on the grounds of 'wilful refusal to consummate'.
Clare Curran, Partner in charge of the Family Law Department here at Worthingtons Solicitors, acted on behalf of a client who, having sought advice regarding her options for divorce/ judicial separation or an annulment of her marriage, indicated she wanted to pursue an annulment. This is not always a straight forward matter and one of the grounds that the court needs to be satisfied upon is that there was a wilful refusal on the part of the other party to consummate the marriage. The husband alleged that he had not ‘wilfully refused’ to consummate the marriage, rather that the wife was unable to for medical reasons. Medical evidence was obtained on the wife’s behalf to counter the husband’s allegations, on receipt of which he agreed that the grounds for nullity had been made out and the wife was granted an annulment by consent.
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