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By LegalMatters Staff • Going through a divorce is stressful. There are financial and legal issues to deal with, especially if there are children or a matrimonial home involved.
There is also an emotional toll since divorce can be traumatic for everyone involved. There may be anger and resentment between the ex-partners as they come to terms with the new reality.
When one party in a divorce has a mental health issue, the emotional strain may be overwhelming, says Edmonton family lawyer Graeme Kluge.
“If you are in this situation, an experienced family lawyer can help you navigate the court process as smoothly as possible,” says Kluge.
He says as a general rule of thumb people going through a divorce should not attempt to reach a separation agreement if one has serious mental challenges.
“Even if a deal is reached, that person’s ability to give informed consent could later be called into question and may invalidate the agreement,” Kluge says.
While judges usually respect separation agreements drawn up between ex-partners, he warns that will not be the case if it can be shown that a spouse with mental health issues did not fully understand what they were signing.
