Divorce and Dementia

Living with a husband or wife who has dementia can be more than some spouses can cope with, especially when there were marital difficulties before the diagnosis.

Although there is an increasing amount of support available and understanding of the impact of a dementia diagnosis on the family, for some spouses, the right option is separation or divorce.

At Evolve Family Law, our divorce solicitors have advised several spouses who have contemplated separating or divorcing after their spouse has received a diagnosis of dementia. Many are loath to seek legal advice, as they fear judgment from family, a divorce lawyer, or the court. It is an impossible situation, and we recommend seeking specialist legal advice to understand your options.

Contact Evolve Family Law for specialist divorce legal advice.

Divorce proceedings and dementia

Whether or not the dementia diagnosis played any part in the reasons for the marriage breakdown, there are likely to be feelings of guilt about applying for a divorce and worry about how a spouse who is ill will face the future. There is also likely to be a concern that you will not meet the legal criteria for a divorce.

With the introduction of no-fault divorce proceedings, all you need to show to obtain a divorce is that, in your opinion, the marriage has irretrievably broken down. Your spouse does not need to agree with you, and in most cases, there are no grounds on which they can oppose the divorce.

If you are worried that your spouse is not well enough to instruct a divorce solicitor or to play a part in the proceedings, the family procedure rules allow the court to appoint a person to represent your spouse’s interests.

Financial settlements when one spouse has dementia 

If you decide to separate, it is important that you get specialist legal advice because, in some financial and pension circumstances, it will be in both of your interests not to get divorced. In other situations, it will be important to get divorced rather than just live apart, so the court can make a binding financial order that may include a pension-sharing order.

When contemplating separation or divorce, most people do not want to base their decision solely on financial considerations. However, you do need both expert financial and legal advice to understand the ramifications of staying together or separating, as either option could significantly affect your retirement and personal and financial circumstances.

Many people worry about how a dementia diagnosis will affect a financial settlement. The court takes several factors into account when deciding on a fair and reasonable financial settlement. One of those factors is the health of both the husband and wife. A dementia diagnosis means that the court will carefully consider a spouse’s housing, capital and income needs. However, the court will aim to make a financial court order that meets the needs of both husband and wife.

Dementia and taking part in divorce and financial court proceedings

People also worry about whether a spouse will understand divorce and financial proceedings, and think that they cannot get divorced if their spouse cannot play a part in court proceedings and instruct a solicitor. If a spouse does not have the capacity to instruct a solicitor or make decisions, you can still get divorced and reach a financial settlement. That is because court rules provide for your spouse to be represented in the court proceedings and their interests to be protected.

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How can Evolve Family Law help?

The decision to separate or divorce is never easy. It is even harder when a spouse is ill. Divorce solicitors say that it is possible to divorce with dignity after a diagnosis of dementia. In many situations, whilst a spouse cannot cope with sharing a home, they want their spouse to be provided for. The first step is to investigate your options so you can make an informed decision about what is right for you.

Contact Evolve Family Law for specialist divorce legal advice.