D v S

D lacks capacity to consent to divorce due to severe acquired brain injury and cognitive impairment. The evidence, including D's past wishes and the irretrievable breakdown of the marriage, establishes that granting a decree nisi is in D's best interests under Section 4 of the Mental Capacity Act 2005.

Parties: Applicant: D; Respondent: S; Proposed Litigation Friend for D: F
Jurisdiction: England and Wales
Judgment Date: 01 March 2023
Procedural Posture: Court of Protection and Family / Judgment on Best Interests Application and Decree Nisi of Divorce
Outcome: Application granted; declaration made that D lacks capacity and decree nisi of divorce is in his best interests.
Legal Topics: Divorce, Best Interests, Litigation Friend, Capacity to Litigate, Section 4 Mental Capacity Act 2005

Family Law Mental Capacity Law Divorce Best Interests Litigation Friend Capacity to Litigate Section 4 Mental Capacity Act 2005

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Parties

Applicant

Respondent

Proposed Litigation Friend for D

Procedural Posture

Court of Protection and Family / Judgment on Best Interests Application and Decree Nisi of Divorce

Legal Issues

1 Whether D lacks capacity to consent to divorce
2 Whether granting a decree nisi is in D's best interests

Ratio Decidendi

Court Disposition

Application granted; declaration made that D lacks capacity and decree nisi of divorce is in his best interests.

Orders

Declaration that D lacks capacity to consent to divorce
Decree nisi of divorce granted in D's best interests