Information source: www.gov.uk
You can apply for a divorce if your husband or wife ‘lacks mental capacity’ and cannot agree to a divorce or take part in the divorce case.
Your husband or wife will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a ‘litigation friend’. It can be a family member, close friend or someone else who can represent them.
If your husband or wife doesn’t have a litigation friend…
The Official Solicitor may agree to act as your husband or wife’s litigation friend when there’s no one else to do this (‘litigation friend of last resort’).
How to apply
- Check there’s nobody else suitable or willing to act as your husband or wife’s litigation friend.
- Check that there’s money available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.
- Give the details of your husband or wife’s doctor or other medical professional to the court so it can ask for a certificate of capacity.
After you apply
If the Official Solicitor agrees to act as litigation friend for your husband or wife, you’ll be able to file for divorce.