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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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My father has Alzheimers and we organised for him to see a

Customer Question

Hi - my father has Alzheimers and we organised for him to see a lawyer today to put in place LPAs for myself and my sister. Whilst there, he told the lawyer that his marriage is broken down and wants a divorce from my mother (the marriage has not worked for many years already), but my mother has been staying with him out of a sense of duty due to his condition. Is there a legal reason that they can't actually divorce?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: this is in the UK
JA: Have you talked to a lawyer yet?
Customer: no, as I said he saw a lawyer today - originally in context of an LPA
JA: Anything else you think the lawyer should know?
Customer: I spoke to my father after his meeting. He seems to understand that he'll need to hire help as she's caring for him (which he doesn't really recognise), but seems to want this and is also happy with the prospect of dividing up assets as a result
Submitted: 3 months ago.
Category: UK Family Law
Expert:  Thomas Judge replied 3 months ago.

what is your question

Customer: replied 3 months ago.
The question whether there are any reasons for complications in relation to my father who has been diagnosed with Alzheimer getting a divorce. Will the judges at each stage need to establish Mental Capacity? Clearly, the lawyer today would have established his mental capacity before accepting instruction to commence divorce proceedings, but as the condition deteriorates and an 'amicable' divorce without disputes takes 4-5 months, what special considerations are there with regards ***** ***** capacity?
Expert:  Thomas Judge replied 3 months ago.

The court will want to determine his mental capacity if it becomes an issue in such proceedings. The fact that the solicitor has considered that he has capacity is very important as the solicitor will need to determine this to continue to follow his instructions.Unless it is raised by the other side the court will not itself necessarily seek to determine the issue.

Expert:  Thomas Judge replied 3 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Clare replied 3 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

To add to the above.

There is no reason why there should not be a divorce when one party is mentally incapacitated.

All that happens in that case is that another family member will have to take on the role of "litigation friend" and deal with matters on your fathers behalf

You can read more here

https://www.gov.uk/divorce/if-your-husband-or-wife-lacks-mental-capacity

Expert:  Thomas Judge replied 3 months ago.

I see that my colleague has agreed with me. Is there anything else you would wish to ask?

Expert:  Thomas Judge replied 3 months ago.

I see you have not rated yet. Is there any other questions that I can help you with?

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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