Guidance For People With Disabilities Going Through Divorce
Divorce can be a difficult process for anyone to go through – but if you’re disabled, then you might face an additional set of difficulties, which might require a particular approach. Let’s take a look at what these look like, and how you might contend with them.
Understanding Legal Rights and Protections for Individuals with Disabilities in Divorce
As a disabled person, you’re in possession of a so-called ‘protected characteristic’, under the Equality Act 2010. This will protect you against unfair discrimination, in the workplace and in the courtroom.
What arguably matters more in a divorce, however, is the financial strain that your disability might impose. This might lead to you being awarded more when assets come to be divided, and money is settled. Your disability might mean that your employment opportunities are more limited, which might impact your ability to borrow money, and in turn buy a house. A lawyer might argue on your behalf thatyou therefore need more of the assets you hold jointly with your spouse.
Addressing Financial Implications: Ensuring Fair Settlements
So, what exactly are the financial needs that your disability might impose? To begin with, you might need special adaptations to be made to both the house you’re living in, and the vehicle you’re driving. While there are government schemes, like Motability, which might lend financial support, a court may still award a disabled partner more, in order to reflect the challenges they face.
Other costs might stem from the additional medical care you need, and other forms of ongoing support.
Exploring Alternative Dispute Resolution Options
The traditional courtroom approach to divorce can be high-stakes, and extremely stressful. As such, you might prefer to bring in a mediator to help you and your partner resolve your differences in a more collaborative way. Since alternative dispute resolution will allow both of you to avoid the expense of formal court proceedings, it can often represent a win-win solution to the problem.
Prioritising Health and Well-being During the Divorce Process
As a disabled person, you might face particular health challenges that are worth taking seriously. The additional stress of formal divorce proceedings might be dealt with through self-care practices like low-intensity exercise and meditation. You might also seek formal counselling to help you cope with all of the negative energy that the process brings into being. For instance, you can get online counselling to access support from the comfort of your own home.
Make sure that your health is a priority throughout the process, especially if your disability makes it difficult to exercise. By setting aside time to yourself, to do the things you love while getting a good workout at the same time, you’ll give yourself the mental space to process all of the information you’re being bombarded with during your divorce.
