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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 865
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My father has been served divorce papers by my mother. He is

Resolved Question:

My father has been served divorce papers by my mother. He is 79 and she is 78. Everything in the petition she has stated as reasons for a divorce is a lie. My father is tired and is happy to grant the divorce but not on the grounds she has stated. There is also concern of what will happen to the matrimonial home. My mother's behaviour has gotten more and more erratic over the years. I truly believe she is having the onset of dementia. Can the court get my mother to have a brain scan to determine whether she is in the right state of mind to make any decisions when this case goes to court?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I am sorry to hear about this situation. Please may I ask: - does your mother have a solicitor for her or is she acting in person in the divorce proceedings?- does your father want to be divorced even though he doesnt agree with what your mother has used as reasons in her petition? Kind Regards Caroline
Customer: replied 1 year ago.

Yes my mother has a solicitor who served the papers.

My father is tired and wants to give her the divorce but he does not want to sign the papers on the grounds she has made. She says that he has been abusive to her when she is the one who has abused him for the past 50 plus years. It is a complete lie.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I appreaciate that this must be a very distressing time for your father. As your mother is legally represented - her solicitor would have had to consider your mothers ability to be able to instruct them. The test for capacity is quite low in the sense that your mother needs to understand the consequence of the instructions that she is giving, even if she has dementia - she can still have capacity. In reality this means that your father is not going to be able to contest the divorce on the grounds of your mothers capacity. Your father could choose to contest the divorce proceedings. This can become very expensive if proceedings are contested. Judges will often consider that if one party has been petitioned for divorce that the marriage has irretrievably broken down and the divorce will often be granted in the end. If your father does want to contest - let me know as there are strict deadlines to contest and I will tell you how to go about this. If your father accepts that the marriage has broken down and does not want to contest the divorce - it is still open to him to not contest the divorce - but also at the same time not agree to the reasons that have been stated in the petition. If you father choose this avenue then I would suggest the following wording be used in his acknowledgment of service form: I disagree with all of the reasons stated by the applicant in her petition as to my unreasonable behaviour. I do however consider that the marriage has broken down and I will not contest the divorce. I do however reserve my right to defend each and every allegation made by the Applicant in her petition should the Applicant try to rely on such allegations in any other proceedings. In respect of the division of matrimonial assets - it is possible for either party to make a claim. If this were to happen then the first step would be full and frank disclosure and then discussions about divisions. This would be based on both your parents needs. Family mediation has been created to help with disclosure and helping reach agreement. Family mediation has to be attempted before the court will entertain an application being made in respect of the matrimonial finances. Please do not hesitate to ask if I can clarify anything for you. Kind Regards ***** ***** kindly remember to star rate my service so that I receive credit for helping you today
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