Divorce on Behalf of a Relative
A client is looking to initiate a divorce for their incapacitated brother in a region of the United Kingdom, since they are listed as his emergency contact. The brother has been separated from his spouse for approximately 12 years. The situation is complicated by the brother's current medical condition, which requires more information for comprehensive legal advice.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I file for divorce on behalf of my brother if I'm listed as his emergency contact?
In the UK, you generally cannot file for divorce on behalf of another individual unless you have proper legal authority, such as being appointed their deputy by the Court of Protection. Simply being an emergency contact does not grant this authority. It may be necessary to apply to the Court of Protection for a deputyship order to make decisions, including divorce proceedings, on your brother's behalf. The court will take his best interests into account when deciding whether divorce is appropriate.
What legal authority must I have to act on my brother's behalf in his divorce given his current medical condition?
To act on behalf of your brother in his divorce proceedings, you need to obtain a Deputyship from the Court of Protection. This will provide you with legal authority to make decisions on his behalf, including marital matters. The court assesses your brother’s best interests and the necessity for divorce.
How does the long separation from his wife affect the divorce process?
The fact that your brother has been separated from his spouse for 12 years can positively impact the divorce process, as living apart for at least five years is a recognized ground for divorce in England and Wales that does not require the other party's consent. This extended separation could facilitate the divorce petition without needing to demonstrate blame such as unreasonable behaviour or adultery.
What evidence is needed to prove that my brother's spouse contributed to his mental health issues due to her abusive behaviour?
To support claims that your brother's mental health issues stem from his spouse's abusive behaviour, gather documentation like medical records indicating mental health conditions tied to the abuse, professional statements, and any documented incidents of the abuse, such as police reports. Additionally, witness testimonies from friends or family who observed the effects of the abuse could bolster the case.
Are there any legal protections for someone who is incapacitated in divorce proceedings?
In the UK, individuals who are incapacitated require careful consideration in divorce proceedings as they cannot instruct a solicitor or make decisions. The Court of Protection manages matters involving such individuals. You may need to apply to be appointed as a deputy to handle the divorce, ensuring the process prioritizes the best interests of your brother.
