Mental Health and Divorce Law
Mental Health in the UK
In the UK, one in four individuals has experienced mental health issues. Mental health problems affect how you think, feel, and behave. Unlike physical illnesses, they may not present visible symptoms, but they can be equally serious and impactful.
Divorce is often one of the most stressful life events a person can face. Mental health issues can contribute to marital breakdown and may be exacerbated by the emotional strain of divorce proceedings.
Anxiety and Divorce
It is common to experience anxiety, depression, or both during divorce. Distinguishing between general stress and a more serious condition like anxiety or depression is crucial. Remember that anxiety and depression are not just feelings of nervousness or sadness; they are medical conditions that can significantly affect a person’s life.
If you believe you are suffering from anxiety or any other mental health issue, seek professional help. While a family lawyer may have encountered similar situations, they are not qualified to offer medical advice. Improving your mental health and seeking support from a GP, counsellor, or therapist can help you cope better with the challenges of divorce.
Signs and Support
Divorce and separation can cause substantial upheaval, leaving you feeling unsettled. Sometimes these feelings can become overwhelming. If you notice persistent anxiety, depression, or other mental health concerns, consider professional guidance. Prioritising your mental health can make a difficult process more manageable.
Mental Capacity in Divorce
If mental health concerns raise questions about a person’s capacity to understand and make decisions regarding their divorce or financial settlement, a medical assessment may be required. Under English and Welsh law, mental capacity depends on the decision at hand. A doctor’s assessment can determine whether a party fully understands the relevant information and can make informed decisions.
Representatives and Litigation Friends
If a doctor finds that someone does not have the required capacity, the divorce process can still proceed. In these circumstances, the court may appoint a ‘litigation friend’—often a suitable relative or friend without conflicting interests—to act on their behalf. If no one suitable is available, the Official Solicitor may represent the individual. This ensures that even with mental health issues, the case can move forward towards a fair resolution.
Contact HM & Co. Solicitors – Mental Health and Divorce Specialists
At HM & Co. Solicitors, we have extensive experience helping individuals navigate divorce when mental health issues are a factor. Whether you or your partner is experiencing mental health challenges, our compassionate and knowledgeable approach can help make the process more manageable.
Contact Information:
HM & Co. Solicitors
186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We are here to offer guidance, support, and practical solutions tailored to your unique circumstances. You need not face these challenges alone.
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I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
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I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
Your Questions, Answered
FAQs
Mental Health and Divorce FAQs
How does anxiety manifest in everyday life during divorce?
People experiencing anxiety may feel mentally and physically exhausted. The emotional strain can become overwhelming, making even simple tasks seem daunting. It goes beyond wanting an extra few minutes in bed; the thought of facing the day can feel genuinely distressing.
What if I feel dread about the future after my divorce?
Feelings of dread and worry about the future are common. Some individuals struggle so much with the present that they believe the future can only deteriorate. Professional help can provide coping strategies to manage these feelings and restore hope.
Why do some people become completely consumed by negative thoughts?
Anxiety often leads individuals to focus on worst-case scenarios, convincing themselves that nothing can go right. Such persistent, negative thinking can be overwhelming without the right support and interventions.
Is it normal to obsess over my mistakes during a divorce?
For those suffering from anxiety, a small mistake can become a source of intense, prolonged rumination. If you find yourself constantly revisiting your errors, consider seeking professional help to learn healthier ways to move forward.
How does depression differ from feeling simply ‘down’?
Depression involves persistent unhappiness, but it also includes feelings of hopelessness, low self-esteem, a lack of pleasure in once-enjoyed activities, and physical symptoms like loss of appetite and lethargy. Divorce can be a trigger for these symptoms, so if you think you may be depressed, it’s crucial to speak to a medical professional.
What is ‘divorce psychosis’?
‘Divorce psychosis’ is not a recognised medical condition. However, divorce can act as a stressor that may trigger underlying mental health conditions like psychosis or schizophrenia. If someone experiences such severe symptoms, they may be considered mentally incapable of consenting to a divorce or financial settlement, and professional guidance will be needed.
How does mental health affect the divorce process in the UK?
Mental health issues may arise or worsen during divorce, impacting one’s capacity to make informed decisions. As specialist family solicitors, we understand these challenges. Whether it’s one partner’s illness complicating the proceedings or a child’s mental health affecting custody discussions, seeking expert legal and medical support is vital for reaching fair and compassionate outcomes.
Where can I get further help?
If you’re facing mental health struggles during your divorce, consider talking to a GP, a therapist, or another qualified professional. HM & Co. Solicitors can provide expert legal support, while mental health professionals can help you navigate the emotional aspects of this challenging period.
HM & Co. Solicitors Contact Information:
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
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