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23 March 2012
Issue: 7506 / Categories: Case law , Judicial line , In Court
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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.
 

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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