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

James Grigg

Partner, Head of Family

+44 3301 072 965

+44 7770 656 762

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Cheltenham

Sally Robinson

Partner, Head of Family, Central England

+44 1604 463 149

+44 7967 763 604

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Central England

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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.

Two Family Lawyers in our Wye Valley office

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.

Contact us

Services from our Family Law team

Recognition of our work

Legal 500 2026 – Top Tier Firm

The British Family Law Awards 2024 Finalist – Family Law Team of The Year

The Times Best Law Firms 2026

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Hear what our clients say about us

Amy’s help in this matter has been much appreciated and she made the process very smooth.

Client testimonial Family law

Thank you so much for the way in which this matter has been handled. You were so quick to get to grips with what is a complex case and we felt not only that the matter was in good hand professionally, with a clear direction, but that we were also listened to and supported on a personal level.

Client testimonial Family law

Thankyou so much for working on this cohabitation agreement for me, I always appreciate the extra effort you make.

Client testimonial Cohabitation agreement

At every step, Gweni was clear in her communication, strong willed but also empathetic when the stress of the process was a lot to deal with. I will always be grateful for Gweni’s (and her team’s) drive to ensure a positive outcome in the proceedings. A credit to her company and her profession.

Client testimonial Family Law

During what was without doubt the most difficult time of my life Gweni and her team provided a first class service in every aspect. Her knowledge, professionalism, advice and tenacity to stand up to the other sides demands was exemplary.

Client testimonial Family Law

Victoria is a real force of nature and is regarded as a powerhouse in the financial remedy world.