Dissolution of marriage and civil partnerships
The Official Solicitor can, as a last resort, act on behalf of persons who lack the litigation capacity to conduct proceedings within the meaning of the Mental Capacity Act 2005 in matrimonial proceedings (divorce, nullity and judicial separation), applications for a financial remedy and civil partnership proceedings.
He can act as litigation friend for either the applicant or the respondent. He also acts for children, or adults who lack mental capacity, who are joined to proceedings as intervenors.
Before the Official Solicitor will consent to act he requires:
- Evidence of the lack of litigation capacity in the form of his capacity certificate. Please note that you will also need to provide a copy of your letter of instruction to the medical practitioner who completed the capacity certificate
- Confirmation that there is no other suitable and willing person to act
- Full copy pleadings (including attendance notes and court orders) and the Official Solicitor’s completed Schedule of Questions
- Provision for the costs of legal representation whether by way of public funding (legal aid) or otherwise
Capacity certificate and example letter of instruction to the medical practitioner.
The capacity certificate should be completed by the treating doctor, psychiatrist or such other suitable medical practitioner.
The Official Solicitor’s Schedule of Questions.
These questions are to be completed by the solicitor.
For any queries or if the case is complex or urgent, the Divorce Divisional Managers should be contacted in the first instance by telephone on 020 7911 7233 or by email