How do mental health issues impact divorce?

The number of people who report suffering from mental health issues has risen by 20% from 1993 to 2014, according to a research survey by MIND, the mental health charity (https://www.mind.org.uk/). The charity now estimates that 1 in 4 people in England, experience some form of mental health problem. These problems include anxiety, depression, phobias, post traumatic stress disorder (PTSD), obsessive compulsive disorder (OCD) and issues linked to alcohol and drug addiction.

How do mental health issues impact divorce?

Mental health issues can impact divorce in one of two ways. Either they will play a role in the breakdown of the relationship, or the breakdown of the relationship leads to mental health problems.

In each case, the most important factor in the divorce process is a person’s decision-making capability and their mental capacity to understand all the issues at stake. In severe cases, a professional assessment must be sought and if the person is deemed incapable of dealing with divorce proceedings, a litigation friend can be appointed. This person must be free from any conflict of interest. They can be a trusted friend or relative or if neither are available, the government can appoint an Official Solicitor to make decisions which are in the best interests of the mental health sufferer.

The consequences of mental health issues in reaching a divorce settlement

Depending on the severity of the mental health issues, there may be concerns around the welfare of any children from the relationship, which will need to be taken into consideration when settling on childcare and custody arrangements.

Mental health issues may also mean the sufferer is unable to work or they may limit the type of work the person is able to do, which impacts the financial settlement.

Any issues around communication and understanding can also delay the settlement.

What’s more, no settlement can be reached without a consensus on whether the effects of the mental illness are likely to be temporary or permanent.

Navigating the divorce process when mental health issues are involved

It is important to work with an experienced and empathic family lawyer who understands how mental health issues impact divorce proceedings. At Tisshaws, we are known for our compassionate approach and our focus on achieving the best possible outcomes for our clients and their families with minimal confrontation and conflict.

We combine our sensitive, tailored and personal approach with an emphasis on non-court resolution approaches in resolving the issues around family breakdown. This means we have an excellent track record in helping clients impacted by mental health issues to divorce as stress-free and positively as possible.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.