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GAZETTE
SEPTEMBER 1990
however, it would have to be shown
that at least the prodromal sym-
ptoms of the disorder had mani-
fested themselves before marriage.
It would not be sufficient to claim
that as the patient developed
schizophrenia later he must have
been previously predisposed.
All this is not to say that every
person who has been previously
diagnosed as suffering fromschizo-
phrenia is incapable of contracting
a valid marriage. Such a proposition
is simply not true - but it is true
to say that, if schizophrenia has
been diagnosed, an ecclesiastical
court considers itself justified in at
once having very serious reserva-
tions about the patient's capacity
for marriage; and, if it is to hold for
the validity of the marriage, in
requiring positive proof that in the
" . . . if . . . it can be shown that
the partner had at least early
symptoms of schizophrenia at
the time of ma r r i age, the
application [for a declaration of
nullity] will probably succeed."
particular case the effects of the
illness are
not
such as to make im-
possible a true "partnership of life
and love". The proven existence of
schizophrenia at the time of the
marriage, in one or other of the
partners, will itself already have
made a serious inroad into the pre-
sumption of law which is stated in
Canon 1014, that is "that marriage
enjoys the favour of law; accord-
ingly in a case of doubt the validity
of the marriage is to be upheld".
In summary, if an application for
a declaration of nullity is made, and
it can be shown that the partner
had at least early symptoms of
schizophrenia at the time of marriage,
the application will probably
succeed. It should be noted that a
high proportion of schizophrenics,
particularly males, do not marry,
and the rate of breakdown of those
marriages that do occur is very
high. Some marriages, however, do
apparently succeed.
Civil Courts
The position regarding nullity in our
civil courts now closely parallels
that in the ecclesiastical courts.
The most recent judgment that
I was able to obtain was delivered
in the High Court in February, 1986,
by Mr. Justice Blayney in the case
of
D.C. and D.W.
This was a case in which the
wife, at the time that she married,
against advice, and largely because
she was pregnant, was under the
care of a psychiatrist and was
diagnosed as suffering from
schizophrenia.
Mr. Justice Blayney quoted the
judgment of Mr. Justice Barrington
in the case of
RSJ -v- JSJ
(1982)
in which he said "if therefore it
could be shown that, at the date of
the marriage, the petitioner,
through illness, lacked the capacity
to form a caring or considerate
relationship with his wife, I would
be prepared to entertain this as a
ground on which a Decree of Nullity
might be granted". In that
particular case it was held that
such incapacity had not been
established and the petition failed.
However, Mr. Justice Costello in
D -
v- C
in 1984 quoted this principle
and granted the petitioner a
declaration that the marriage was
null and void "because the
respondent, at the time of the
marriage, was suffering from a
psychiatric illness and as a result
was unable to enter into and
sustain a normal marriage
relationship with the petitioner".
Two further cases in 1984 were
decided along similar lines and Mr.
Justice Blayney stated "these
cases are clear authority that a
Decree of Nullity may be granted
where one of the parties, at the
time of the marriage, was, by
reason of illness, incapable of
entering into and sustaining a
normal marriage relationship with
the other". However, he made the
point that the ground on which the
petitioner relied did not make the
marriage void, its effect was to
make it voidable only. This was in
keeping with a previous judgment
by Mr. Justice Costello in
D -v- C,
to which I have already referred.
The petitioner could not accord-
ingly rely on this ground as avoiding
the marriage unless she could
establish that the Respondent had
previously repudiated themarriage.
He accepted that in the present
case this requirement of repudia-
tion by the respondent did not
create any obstacle as by seeking
and obtaining a Decree of Nullity
from the ecclesiastical courts the
respondent had clearly repudiated
the marriage and thereby avoided
it.
Mr. Justice Blayney went on to
refer to a matter which he said at
one stage caused him some con-
cern. This was that the petitioner
had since formed an apparently
stable relationship with another
man and had two children by him.
He concluded, however, "The
Court is concerned solely with the
effect of the petitioner's illness at
the date of her marriage to the
respondent. It is not concerned
with the state of her mental health
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