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Capacity to enter into compromise agreements – MAP v RAP [2013] EWHC 4784 (Fam)
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Introduction
The wife sought permission out of time to appeal a consent order. The wife had entered into a consent order which provided the husband with 80% of the capital and the wife with 20%. The primary basis of appeal was that the wife did not have mental capacity to enter into the compromise agreement due to her having bipolar effective disorder.
Facts
The parties married in 1981 and had separated by 2010. The wife had bipolar effective disorder and had been detained under the Mental Health Act 1983 a number of times. An agreement was reached in August 2011 in correspondence to settle her financial claims against her husband which gave the husband 80% of the capital and the wife 20%. Shortly after the wife was detained by police under section 2 of the Mental Health Act and she was then sectioned under section 3. The wife was released from hospital on 1 October 2011 and she disinstructed her solicitors shortly afterwards.
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