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