Health is something that can be difficult to define as each person may have their own position on what they believe to be healthy. The World Health Organisation (WHO) takes the view that health is a state of complete physical, mental and social well-being and not merely the absence of disease of infirmity. The WHO’s definition highlights that a person’s mental health is a key factor for overall health. Over the last few years, the awareness around mental health has grown and continues to do so.
Mental Health Awareness Week
The week of the 12th to 18th May 2025, brings with it Mental Health Awareness Week. The aim of the week is to help continue awareness, reduce stigma and help encourage people to prioritise their mental health.
Whilst many people are increasingly aware of conditions such as depression, stress and anxiety, there are many other conditions such as OCD, Schizophrenia and bi-polar which can be more complex mental conditions and are not as commonly known about.
During the awareness week, people may want to take a moment to do things such as:-
- Consider their own mental health and ways to maintain it;
- Read about mental health conditions to understand further about them;
- Check in with friends or family who maybe struggling themselves and offer support/guidance.
Mental Health in Family Law Disputes
When disputes happen in families either around separation, divorce, children or assets, it is understandable that someone’s mental health may also be adversely effected. The impact upon someone’s mental health may be even greater in cases which sadly include domestic abuse.
Disputes, especially ones that go through Court, may take many months to be resolved. Even where matters might be amicable, the new divorce laws mean that it shall take a minimum of 6 months for a divorce to be completed. With family law issues not always being a quick fix, it can be important for someone to consider seeking help with their mental health is they believe it needs further support. A GP can often be a first port of call for someone seeking assistance, support and/or signposting.
In children disputes, the ability of a parent to meet the needs of a child is something that can be looked into. If a parent’s mental health is adversely effected and/or not well maintained, it could bring into question their ability to provide for the needs of a child in a way that is in their best interests. This can add importance to the maintenance and consideration of mental health during a family law dispute.
Court proceedings can also increase stress and anxiety for those involved. A dispute through Court can sometimes be avoided by using a form of alternative dispute resolution (ADR). Mediation is a form of ADR and is not the same as Court. It usually involves the parties in dispute sitting with a trained mediator to see whether they can resolve matters through voluntary negotiations. Through mediation you may be able to agree parameters and the pace it occurs to help mitigate additional stress. There is even the possibility you could even ask for mediation to be paused whilst you sought for support for your mental health.
Court Proceedings
Even in cases where Court may be required, the Court can consider allowing someone acting on their own (i.e. without a legal representative) to have someone there to help support them. This could be a close acquaintance, family member or potentially a professional. At Court, they would be known as your McKenzie friend. It is key to note that a McKenzie friend is not there to represent you as a barrister or solicitor would do. In cases where someone may be concerned about seeing another person, the Court can usually offer a separate waiting room and/or a divider being put up in the Court room. These special measures usually need to be requested by the Court before a hearing. Things such as a McKenzie friend or special measures are things that could help a person feel supported and could help reduce the impact of Court proceedings on someone's mental health.
How we can help
Anxiety can often develop from not knowing what to do or how you stand. Obtaining legal advice, could be a method of helping understand the legal issues you are experiencing and understanding what the next steps may be. If you are considering obtaining legal assistance in respect of divorce, separation, financial dispute, domestic abuse or children’s matters, John Hodge Solicitors can offer a free initial consultation to discuss matters. The appointment can be held in person, over the phone or online.
We have offices conveniently located throughout the South West in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.
You can contact us either via our website, or by calling us on 0800 097 8611.
Free initial consultations are subject to internal checks and availability. Please note that none of the above constitutes or is intended to be relied upon as medical advice.
David Starkey
James Young