Mental health, capacity issues and family law

Mental health and wellbeing is becoming increasingly important not only within daily life but in family law cases. A family breakdown and/or disagreements between parents as to the arrangements for their children can take a toll on mental health. This can be also be added to by money troubles following the breakdown of the relationship dependence on alcohol due to the marriage breakdown or involvement of drugs/gambling.

In a recent survey carried out by Irwin Mitchell as part of World Mental Health Day it was noted that 87% of family lawyers said that either most or some of their clients had expressed feelings of anxiety depression or mental health issues because of their litigation proceedings. 89% said they suspected their clients were reluctant to ask for help. 92% of family lawyers said their client’s mental health concerns became apparent in the first six months of the proceedings and out of that percentage 68% of mental health issues appeared in the first three months.

It is our role as solicitors and advisors to our clients to ensure that they are capable of understanding the proceedings and the advice...

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