S 12(1)(d) mental illness

Question 1

where is mental health defined

Answer 1

At the time of the marriage the party in question must be suffering from a mental illness as defined in S 1 of the Mental Health Act.

Question 2

When mistake ground be invoked

Answer 2

This ground must be evoked within three years of the ceremony.

Question 3

The individual must be competent to consent but

Answer 3

but the nature of his or her disorder is such that he or she is ‘unfit’ for marriage.

Question 4

Bennett v Bennett

Answer 4

is this person capable of living in a married state, and of carrying out the ordinary duties and obligations of marriage?’

Question 5

facts of Bennett

Answer 5

In this case the wife was occasionally violent and suffered from neurosis. The court held that she would need an understanding husband, but that her illness was not so extreme as to make her unfit for marriage.