Divorce and the mental health act.

[ANewDawn]

Does anyone know if STBXH is right that he's protected by the mental health act. He think he is and I've read about litigation friends for when youre not competent. My sol has not mentioned anything to me about this. He's using it as a stick to beat me with. He thinks he can do everything at his own pace because he's covered.

Has he been assessed and deemed to be lacking capacity? If he has, then he's correct that a litigation friend (or the Official Solicitor, if he has nobody able or willing to be a litigation friend) will act for him, and that this may result in proceedings taking longer than they might otherwise, due to logistics and additional assessments being required. It may also be reflected in any settlement, if he has longterm medical or care needs.

It doesn't mean he can drag things out as long as he wants (the suggestion of which suggests he has capacity enough to understand the process) and if he hasn't even been found to lack capacity then none of the above applies anyway!

Errr... protected from what?

There is a huge difference between being treated under the mental health act and a persons general capacity to still make decisions/ consent to/ understand about various things in their lives.

So he's protected from me and my bullying of an ill and vulnerable man - his words

No he hasn't been assessed. He's apparently got advice from a sol on the phone who states he doesn't have to do anything and that he will represent him if it comes to this. He got advice from other sols who were 'happy to take his money'

STBXH runs his own business. I don't know what his current diagnosis is.

As I said on your other thread, ignore him. I have acted for and against scores of people with mental health issues, it doesn't make anyone immune from being divorced even where they lack capacity (which your dipstick clearly has if he is running his own business.

Stop giving him headspace and tell your lawyer to just get on with it.

Thanks MrsBert - he's done a number on me and made me second guess myself. I hate him. Even if his actions come from being scared, its no excuse. Am rambling

Ok I've seen your other thread now too which has more context in it.

By the sounds of things he isn't being treated or detained under the mental health act. Not that it would have much bearing on your divorce legally even if he was.

He has possibly got confused with the mental capacity act, although I think he would find it difficult to claim that he lacks mental capacity to engage in divorce proceedings when he has rung round solicitors and presumably understands the concept of divorce.

A mental health issue does not automatically equate to a mental capacity problem. I have worked with some very ill and disturbed people and a lot of the time they are still considered to retain capacity to make many decisions in their life.

He is being an arse and his solicitor is giving him bullshit advice

i dont know anything about divorce law a but as an ex RMN i have a good working knowledge of the mental health act if hes not being treated ie detained under the mental health act i,m not sure what he thinks hes being protected from even he was detained under the mental health act it would depend how unwell he actually was for the act to have any bearing if hes talking about the mental capacity act then he needs to be assesd by a Dr and they will deciede wether he has the capacity to make decisions.

Thank you. I've just received an email now saying he's ill and that he's going to appoint an advocate. Not sure if he means friend or whatever. He says that he's not going to reply to anything. I am distraught. Kids will be home soon and he's in the house. I just want to crawl under a rock. He's supposed to be going out tonight. If he's not, I might disappear off to my brothers.

Would all this cost him more money than just doing it normally?

Don't worry. Just calmly get on with what you need to do. He can fester on his own. The courts are very accustomed to people who don't engage with the divorce process, and there are lots of ways around it.