Dementia and Divorce

Divorce and separation can be a deeply distressing time for anyone but navigating such a drastic life change can be even more challenging when a dementia diagnosis is added into the mix.

The struggles of dementia are deeply upsetting for the sufferer but also their partners who know more than most the strain the condition can have on everyday life.

This situation sadly leads to some marriage breakdowns and the illness has sometimes seen our clients come to the difficult and painful decision to separate.

Anna Stokeld, consultant solicitor at Ribet Myles, says, “While it may appear cruel for a person to divorce another on the grounds of their dementia, it is understandably difficult to remain married to someone who is so very different from the person they once were.

Sadly, it is not uncommon for divorces to arise as a result of one-party suffering from dementia. It is something that family lawyers need to be prepared for and able to work with.

One of the key considerations when taking instructions in such a case is capacity. Particular care needs to be taken where a person’s lucidity fluctuates – some days they are able to make life-changing decisions and on others they are not”.

Stokeld comments “The Court needs to be satisfied that the person with dementia is not being taken advantage of in any way. This may involve medical professionals being asked to assess whether the person has the capacity to deal with the matter themselves or whether they need additional support”.

There are a variety of ways in which cases involving a dementia diagnosis can be handled. The most common is for there to be a litigation friend to represent the wishes and instructions of the person with dementia. This is often a family member or close friend who is able to act in their best interests.

“We are able to handle these most sensitive cases with empathy and compassion. The team here at Ribet Myles make it a priority to ensure everyone involved can access and is aware of the additional support available”.

If you would like to find out more about how Ribet Myles could help you in separation or divorce, contact us via email at enquiries@rmfamilylaw.co.uk to arrange a call or video conference.