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The relationship between mental health and financial separation

Date:27 OCT 2022
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Rosa Schofield Associate Solicitor Family Law Partners

There is an increasing awareness of the importance of mental health in society and preserving mental health is a clear priority of the next generation. But has financial remedies law has kept up with this positive societal change? 

Although some clients may not have met the threshold be deemed to be without capacity under the Mental Capacity Act 2005 they may still experience serious mental health difficulties at the time of their relationship breakdown and legal separation.

This article focuses on the interaction between mental health and financial separation through considering two key question. The first half of this piece asks the question what impact does depression or other mental health condition may have on an overall financial award made? This involves a brief analysis of the section 25 Matrimonial Causes Act 1973 and relevant case law along with a brief look-at the interplay between add-back arguments and mental health.

The second half of the article then explores the question as to whether lawyers are currently doing enough to support their client’s mental health through their financial separation. Consideration...

Read the full article here.