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Safeguarding vulnerable adults in relation to marriage is becoming increasingly important, says Gillian de Freitas

5 September 2012

With ever-increasing complex family dynamics, the need to safeguard incapacitated individuals cannot ?be underestimated.

It may seem distasteful for a party’s marriage to be called into question and often issues arise regarding their own human rights, such as the right to private and family life. However, the need to protect the vulnerable adult may be seen as equally important.

With this in mind, it is imperative, although uncomfortable, for professionals to understand the legal principles and tests to be applied when assessing an individual in respect of their capacity to consent to marry.

Marriage contract

It is essential for the vulnerable adult to understand the nature of the marriage contract, not merely understand or appreciate they are taking part in a marriage ceremony or understand the words spoken at such a cer...

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