Supporting clients through divorce & addiction

Supporting clients through divorce & addiction

Nobody Wants to See a Family Lawyer: Supporting Clients Through Divorce and Addiction

Nobody dreams of needing a family lawyer.

There is none of the excitement of buying your first home, or the reassurance of planning for the future. Unlike other areas of law, family law is rarely about happy beginnings. For that reason, we receive far fewer bunches of flowers or boxes of chocolates at the end of a case.

Instead, people come to us at their most vulnerable. Divorce or separation is emotionally draining, and when addiction or mental health difficulties are involved, the situation can become even more destabilising for everyone concerned.

This article explores the challenges that addiction can present in family law matters, and how a thoughtful, experienced solicitor can help.

Understanding the Hidden Nature of Addiction

Addiction is not always obvious and is rarely disclosed at the outset. Clients struggling with addiction may appear outwardly successful, high-functioning and in control. Many become skilled at masking the issue, and for some, their addiction is closely intertwined with the very drive that has brought them professional success.

As a solicitor, establishing a relationship of trust is essential. That starts with being non-judgemental, supportive and patient. It is important to ask the right questions at the right time. Full honesty rarely comes immediately. Guilt, shame and denial are powerful emotions which may affect the client’s ability to speak openly. These feelings also commonly affect the partners of addicts.

Co-Occurring Mental Health Conditions

It is extremely common for addiction and mental health difficulties to coexist. These are referred to as co-occurring conditions.

Research shows that over 70% of drug users and 86% of alcohol users experience mental health problems. Our experience suggests the figures may be even higher. The most common co-occurring issues include anxiety, depression, ADHD, bipolar disorder and personality disorders.

These issues may not be immediately apparent, and clients are not always fully aware of their impact. Nevertheless, as practitioners, we must remain alert to the likelihood that these conditions may exist and factor them into our approach.

Considering Mental Capacity

The law assumes that every person has capacity unless there is strong evidence to the contrary. Under the Mental Capacity Act 2005, a person lacks capacity if they are unable to make a specific decision because of an impairment of, or disturbance in, the functioning of the mind or brain.

Importantly, that impairment or disturbance does not have to be permanent. Addiction, even where it causes only temporary effects, can impact decision-making capacity.

Solicitors must remain vigilant. Has the client’s tone changed in emails or conversations? Are they responding less frequently or inconsistently? These subtle changes may indicate a deeper issue which could affect their ability to provide instructions.

Communication and Boundaries

When a client is experiencing addiction, it is essential to agree from the outset how communication will work.

This includes:

• Establishing clear methods of contact (such as email, phone or meetings)
• Taking next-of-kin or emergency contact details
• Identifying and recording any professionals involved in their support
• Agreeing the circumstances in which their emergency contact may be approached

These simple but important steps can help provide structure and clarity for the solicitor-client relationship.

We also believe that therapeutic support is equally important for the spouse of someone suffering with addiction. At Kidd and Spoor, we are proud to connect our clients and their families with trusted professionals who specialise in addiction.

How the Family Court Approaches Addiction

Many people see addiction as a moral failing. Spouses often feel betrayed or abandoned and may struggle to accept the behaviour of their partner.

However, the family court takes a different approach. Addiction is viewed as an illness and is often classed as a mental disorder. Judges do not apportion blame, and the court will not allow one party to cherry-pick negative aspects of their spouse’s behaviour. The approach reflects the principle of “in sickness and in health.”

This can be particularly difficult for the non-addicted spouse to understand when financial issues are involved.

It is common for a spouse to want any funds spent on addiction to be ‘added back’ into the matrimonial pot. However, the case of Vaughan v Vaughan [2007] made it clear that this will only be considered in cases of “wanton dissipation of assets”. There must be clear evidence of gross and obvious financial misconduct. Courts are more likely to add back a £50,000 engagement ring purchased for a new partner than £750,000 spent on gambling or drugs.

Court is Rarely the Right Forum

Court proceedings are usually not the best option for clients suffering with addiction. The formal, high-pressure environment can worsen stress and instability, for both parties and any children involved.

Solicitors should always explore non-court options in these circumstances. These include:

• Mediation, including lawyer-supported mediation
• Arbitration
• Private dispute resolution hearings

These methods are often more flexible and focused on resolution. They allow both parties to feel more supported and more in control of the outcome.

Keeping Children at the Centre

When addiction is a factor, decisions relating to children become particularly complex.

The law in England and Wales begins with the presumption that the involvement of both parents in a child’s life furthers that child’s welfare. However, when addiction is involved, safeguarding becomes the overriding priority.

As family lawyers, our role involves more than simply securing the best outcome for our client. We must help them to:

• Support their child’s relationship with the other parent, where it is safe to do so
• Provide stability despite an unpredictable situation
• Acknowledge the problem without attacking the person
• Focus on the child’s needs, rather than their own feelings

Our responsibility is to protect the child’s wellbeing while guiding the family through practical and safe arrangements.

Early agreement, reached with the support of lawyers or through mediation, often gives children the best chance of feeling that their family has been restructured, rather than lost.

Final Thoughts

Addiction adds an extra layer of difficulty to an already painful process. As family lawyers, we are here to support our clients with empathy, legal clarity and a realistic plan for moving forward.

We may not always receive gifts at the end of a case, but the trust we build with clients during these difficult times is far more rewarding.

Contact Us

If you are going through a divorce or separation and addiction is a factor, our experienced team can help.

Please contact Trevor Gay or Kennedy Smart on 0191 297 0011 to discuss your situation in confidence.