Get a divorce

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If your husband or wife lacks mental capacity

You can apply for a divorce if your husband or wife 바카라 사이트˜lacks mental capacity바카라 사이트™ and cannot agree to a divorce or take part in the divorce case.

Your husband or wife will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a 바카라 사이트˜litigation friend바카라 사이트™. It can be a family member, close friend or someone else who can represent them.

Your husband or wife does not have a litigation friend

If there바카라 사이트™s no one suitable and willing to be their litigation friend, you can apply to the court to appoint a litigation friend.

The Official Solicitor may agree to act as your husband or wife바카라 사이트™s litigation friend when there바카라 사이트™s no one else to do this (바카라 사이트˜litigation friend of last resort바카라 사이트™).

How to apply

  1. Check there바카라 사이트™s nobody else suitable or willing to act as your husband or wife바카라 사이트™s litigation friend.

  2. Check that there바카라 사이트™s money available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.

  3. Give the details of your husband or wife바카라 사이트™s doctor or other medical professional to the court so it can ask for a certificate of capacity.

If the Official Solicitor agrees to act as litigation friend for your husband or wife, you바카라 사이트™ll be able to file for divorce.

Contact the Official Solicitor바카라 사이트™s staff

Email or call the private family law team if you have an enquiry about divorcing someone who lacks mental capacity. They cannot answer general questions about divorce.

Official Solicitor - private family law team
ospt.dsm@offsol.gsi.gov.uk
Telephone: 020 3681 2754
Find out about call charges

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Part of Get a divorce: step by step

  1. Step 1 Get support and advice

    You can get support or counselling to help you through the divorce process.

  2. Step 2 Check if you can get divorced

    1. Check if you can get a divorce
    2. Get legal advice if you want help with the divorce process

  3. Step 3 Make arrangements for children, money and property

    1. Make arrangements for your children
    2. Divide your money and property
    3. Check if your divorce will affect whether you can live in your current home

  4. Step 4 Apply for a divorce

    1. Apply for a divorce online or by post £593
    2. Get help with court fees
    3. Get legal advice
    4. You are currently viewing: Get help if your husband or wife cannot make decisions for themselves

  5. Step 5 Apply for a 바카라 사이트˜conditional order바카라 사이트™ or 바카라 사이트˜decree nisi바카라 사이트™

    1. Apply for a 바카라 사이트˜conditional order바카라 사이트™ or 'decree nisi'

  6. Step 6 Finalise your divorce

    1. Apply for a 바카라 사이트˜final order바카라 사이트™ or 'decree absolute'

  7. Step 7 Report that your circumstances have changed

    You also have to tell other government organisations that you're getting divorced if: