Family Law Experts
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A husband who lacked capacity to conduct divorce proceedings due to a severe brain injury has been granted a decree nisi by the Court of Protection.
The couple, married since 1998, separated in 2006 after the husband suffered a severe brain injury from an overdose. Relations deteriorated further over the years. In 2019, the husband’s brother filed for divorce on his behalf, citing the irretrievable breakdown of the marriage and a continuous separation of at least five years.
Court’s Decision
The court declared it was in the husband’s best interests to grant the decree nisi. The judge, satisfied that the husband lacked capacity under the Mental Capacity Act 2005, found substantial evidence supporting the husband’s longstanding wish for a divorce.
The wife’s conduct indicated she viewed the marriage as over, and the son’s testimony highlighted the detrimental impact of prolonged conflict on the children. Granting the decree nisi was deemed a step towards ending this conflict, aligning with the husband’s expressed wishes when he had the capacity to decide.
For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or [email protected]. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support.
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