A member of our family team in the Cardiff office

Clients Who Lack Capacity and Family Law

Dealing with family issues can be difficult at the best of times, but questions around capacity can add a layer of complexity. This is equally true when dealing with vulnerable clients. Our team have the expertise and experience to provide the extra support needed to navigate difficult periods.

Meet the team

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Working with the people you care about

We will do everything necessary to make things easier for you or someone vulnerable that you care for.

Working closely with our Older and Vulnerable Clients team, we have the experience needed to be able to support you or someone vulnerable that you care about. If our client has been deemed to lack the requisite capacity, we can help identify someone who has authority to provide instructions on their behalf.

If court proceedings are necessary, we will help identify a litigation friend to be appointed to give instructions and conduct proceedings. This will often be the individual’s attorney or court appointed deputy, although there are rules and limitations on what can be done without the relevant authority.

Providing the right support to vulnerable clients

There are times when those instructing us lose, or have lost, the requisite mental capacity to make significant decisions that have legal consequences. However, capacity is decision-specific, so they may be able to make decisions about some things but not others.

As legal advisors it is our professional duty to make sure our clients can give proper instructions on the issues at hand. The starting point is the presumption that an adult client has capacity. If we are in any doubt and unable to make a satisfactory capacity decision, we will obtain an expert’s opinion by way of a capacity report.

Some of our family team from our Cambridge office stood together talking

Our expertise

We’ll work with you and the people you care about on the issues affecting them to ensure a resolution.

This includes pre and postnuptial agreements , cohabitation agreements between unmarried couples living together, as well as those facing divorce.

We also have expertise in negotiating arrangements for children.

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Legal updates and thought leadership

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Hear what our clients say about us

I’d like to thank you for all your help and support given to me over the last few years. I cannot thank you enough for your true professionalism. I have felt that at every interaction we had that you really understood the impacts to me and my family personally.

You navigated me through a really challenging time at a pace that was right for me. It was hugely important that I had a settled family life, and that everyone was alright in the end and indeed we are!


Mrs F Financial settlement within divorce proceedings.

I just wanted to say a really big thank you for seeing me through the whole lengthy and tricky divorce process.

You were always there to answer my questions and listen to my ranting!

To have your consistency and steadiness was a huge support and I couldn’t have asked for more. Thank you for what you do!

Client Divorce proceedings

Following the conclusion of the matter, Lucy’s client said: “The service from Lucy was superb and I will definitely utilise your company in the future. Thank you for all your patience and understanding, it was a pleasure to work with you.”

Lucy said: “Whilst no one enters into a relationship thinking it could break down, making sure your financial interests are adequately protected is essential.”

Client Protecting financial interests

“From the outset, I found Lucy to be extremely efficient, reassuring, and had every faith in her.

I was kept informed fully and correspondence was always easy, with clear communication and swift responses.”

“Efficient, reassuring” guidance from Solicitor leads to testimonial following successful divorce settlement

One of the most significant family teams in the South West and fast becoming the leading financial remedy solicitors in the region. Very accessible and client focused – real strength in depth.

Legal 500 2024 – Family

HCR should be considered as the go-to firm for family law issues in Hereford and Worcester. HCR’s reputation for quality is well known and well justified.

Legal 500 2024 – Family

The firm has a strong presence in Birmingham and in Worcester as well as their other locations across the UK.

Legal 500 2024 – Family

I recommend this firm to family and friends as I know that they will be supported and well-advised through difficult times. The firm stands out as a class above other firms.


Legal 500 2024 – Family

HCR Hewitsons is a multidisciplinary firm with very strong local foundations, as well as an important presence in London. Not every firm can offer the same breadth and reach that they can.

Legal 500 2024 – Family

HCR have a growing presence in Cambridge and have gone from a standing start of no permanent family lawyers to build a growing team.

Legal 500 2024 – Family

The firm is well known for providing sound family law advice and representation at the highest levels. A good quality firm.


Legal 500 2024 – Family

The members of the practice are hardworking, conscientious and accessible to clients and professional colleagues. They work tirelessly to achieve the best outcome for their clients whilst also ensuring they deliver sound advice and ensure that clients remain grounded and have a good understanding of how their case will progress.

Legal 500 2024 – Family

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