We recently acted for a client who had a significant mental health diagnosis resulting in multiple hospitalisations and treatment.
At the time of providing initial instructions, her ex-partner had “negotiated” a “deal” for her to receive almost nothing from a lengthy relationship.
Her clear instructions were that she wanted to accept the offer.
A Binding Financial Agreement had been prepared by Solicitors acting for the ex-partner with incomplete and inaccurate financial information. There had been no exchange of Financial Disclosure as required under the Court Rules.
Her instructions were “I just want to sign it and get it over and done with”.
We advised the client not to agree to what in our opinion was a very bad deal. The client had recently been released from hospital and her mental state was not good.
There are 3 human responses to conflict or threats, being to fight, flight (run away) or freeze (do nothing and act like a rabbit stuck in headlights).
This client was not in a fighting mood at the time she gave instructions. We advised her not to sign a Binding Financial Agreement (which does not require approval of the Court to be “just an equitable”). Over a period of almost 12 months, the client received ongoing treatment from her mental health practitioner and when her head was in a better space she gave instructions for disclosure to occur, Court proceedings were commenced (as the 2 year limitation period to commence proceedings was about to expire) and the final result was that the property Order that was approved by the Court as being “just and equitable” was approximately 3 times greater than the amount of the initial offer reflected in the original Binding Financial Agreement.
The moral of the story is that a person who has a severe mental health condition can achieve satisfactory outcomes with a combination of ongoing medical treatment and following legal advice.
If you or anyone you know is struggling a mental health battle and requires Family Law assistance contact our team today on 4627 3333. We are the solicitors you can count on.
This article was published on 1/11/23 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.