Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. I don't doubt that your husband has Asperger's. However, the grounds for Asperger's being the basis for a nullity decree has been rejected. This is even in very severe cases. This is because it is not a full blown mental illness. The grounds for nullity are very restrictive and are interpreted very narrowly. This is because a decree of nullity involves stating that the marriage never happens. Courts just don't go down this route very often. You can try for a Church nullity. But a legal nullity will never work with Asperger's.
2. The issue is not whether your husband's Asperger's is severe or not. But whether the marriage never existed because he has Asperger's. My professional opinion for what it is worth, is that you will only be wasting money if you seek a nullity decree based on his Aspergers. However, if you are unhappy with this view, see a solicitor who specialises in family law and seek their opinion. However, I daresay it wont be any different.
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