Mental health and family law
Mental health awareness week – 12th to 16th May 2025
Everyone has mental health. For some, it is generally positive; for others, it can be more challenging. Most people experience changes over time, while some face more serious and ongoing difficulties.
We are all different, but no one should ever be judged just because they have difficulties with their mental health.
One of the biggest life-changing events for anyone can be a family breakup, whether that’s a divorce, dissolution or cohabitation breakdown. Those involved are likely to experience an impact on their mental health, including both adults and children. It would be quite unusual for someone going through this kind of experience to be 100% “ok” and “fine” before, during and after the process. Family breakdown leaves a mark.
How people manage their mental health is very important. It is a common saying that ‘mental health is not your fault but it is your responsibility’. Seeking support and help as early as possible can make a massive difference to the long-term impact it can have. But it isn’t always that easy to recognise or accept when it’s you or someone you care about going through the hard times.
Resources are out there, not always visible or easily accessible, admittedly, but they do exist.
Mental health issues frequently come up in connection with family law matters, and no one should feel ashamed, even if it is still hard to talk about it openly. What you should never find is anyone using the fact of your mental health struggles against you, just because they exist. There is a world of difference, legally speaking, between someone who has mental health difficulties and seeks help, support, and treatment and someone who has the same obstacles but does not or will not find a way to access that support.
As your family lawyer, we might suggest to you that you need support beyond just legal advice and encourage you to engage with mental health and medical professionals. That is not us judging or criticising you for having challenges, it is us trying to help you find your way through the darker periods.
We will ask you about your health and well-being as we go through the case with you, not because we are nosy, but because certain problems can dictate a particular course of action or advice.
If it is your ex-partner or spouse trying or failing to handle their own mental health problems, then we will advise you about how you can respond legally to those particular circumstances too.
If your child is struggling, then we can help you explore how their needs might be met within the legal framework, in addition to the other resources out there for them.
It is not always black and white, though, and one size never fits all. Some may find the availability of these services to them easier than others. Circumstances such as geography, schedule, lifestyle and ability to afford private support can impact someone’s ability to access support.
As we approach Mental Health Awareness Week 2025, we wanted to show our support for everyone struggling with their mental health, whether it is a long-term or short-term challenge. Mental Health Awareness Week 2025’s theme is Community.
Family lawyers are part of several communities in their roles:
- Their clients’ community as long as the client needs their advice, assistance and support
- The family law community across the UK and the world, never better evidenced than by the shared efforts of Resolution and other organisations to take a collective approach to reducing the conflict in family law and making it as efficient (both financially and emotionally) as possible for the clients (and the lawyers).
- The wider legal community as we are officers of the Court, lawyers but also mediators, arbitrators, judges, employees, employers, colleagues and friends.
At any time, you will know someone who is facing down their mental health and who needs your patience, kindness and support without judgment or criticism. One day, it may be you who needs that too.
Geldards LLP prides itself on offering support for anyone struggling with mental health. We have a number of trained mental health first aiders, including Aysha Chouhdary and Belinda Moseley in our family team, always willing to listen.