X v A [2021] EWFC 118
Capacity to marry "The issues the Court has to determine at this hearing are: (i) whether on the date of the parties' marriage, on 2 April 2019, the Respondent did not within the meaning of section 12(1)(c) or (d) of the Matrimonial Causes Act 1973 (a) validly consent to the marriage in consequence of "unsoundness of mind" or duress; or (b) "though capable of giving a valid consent, was suffering, (whether continuously or intermittently) at the time of the marriage from a mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage such that the marriage was voidable." (ii) whether on 21 May 2019 when the Respondent transferred a half-share in the former matrimonial home to the Applicant, she had the capacity to authorise that transfer (iii) whether under section 33 of the Family Law Act 1996 the Court has the power to or should make an order that the Applicant is entitled to occupy the former matrimonial home bearing in mind, inter alia, the Respondent's present lack of capacity, the latter having been determined by the Court in the preliminary issue judgment dated 18 March 2021 to which I have already referred. (iv) Whether the court should make an order on the Respondent's application for an Occupation Order excluding the Applicant."
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