Q&As

How can a divorce proceed where the respondent lacks capacity? How can financial matters on divorce be dealt with if respondent lacks capacity?

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Published on LexisPSL on 26/08/2016

The following Family Q&A provides comprehensive and up to date legal information covering:

  • How can a divorce proceed where the respondent lacks capacity? How can financial matters on divorce be dealt with if respondent lacks capacity?

How can a divorce proceed where the respondent lacks capacity? How can financial matters on divorce be dealt with if respondent lacks capacity?

Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (SI 2010/2955, Pt 15) and the accompanying practice directions FPR 2010, PD 15A and FPR 2010, PD 15B.

Considerations include that:

  1. a protected person is a party or intended party who lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005)

  2. MCA 2005, s 1(2) provides that: 'A person must be assumed to have capacity unless it is established that he lacks capacity', see also FPR 2010, PD 15B as to the matters that will be considered by the court as to capacity

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