If it’s diagnosed that they are not of fit mind (just saying mentally ill isn’t the same thing) then later down the line this might be legally argued as an invalid agreement. Lots of people are diagnosed bipolar but unless they’re having a manic episode at the time (provable) then they can still function, hold jobs, get mortgages, etc.
I knew a woman who had some condition (I’m not making this up) where she was insatiably nymphomaniac every once in a while. She would literally screw anyone over and over, and would throw herself at anyone, no matter who they were. She basically had to be locked up and sedated for 2 or 3 days every few months to keep her from doing anything stupid. The rest of the time, you wouldn’t think there was anything wrong with her at all, she had a good job, a young family, etc. She just was subject to mental health episodes every now and again.
The phrase you need is ‘capacity’ and whether your ex has capacity to make major decisions about their own life (health, financial etc). The vast majority of people with mental illness do have capacity. Technically I have a mental illness as I have depression and anxiety but am perfectly capable of living a normal life, working, making decisions on finances etc. But as empty says, if your ex has a diagnosed mental health problem which is severely impacting their decision making and a medical professional agrees that they do not have capacity then they can’t legally agree to any financial agreement and anything they did agree to would not be enforceable. To not have capacity, they would have to be going through a severe mental health episode. Does that help?
To add to what I just said: in a sense, having ‘capacity’ is a legal state. Some people who don’t have capacity can be detained under the mental health act and in certain circumstances, other people can then have power of attorney over their assets. So the only people who can decide whether your ex has capacity or not are medical professionals. What I’m saying is that you may not think that they are up to making a rational decision but you’d need a doctor to make a proper assesment
Yes Ex is sectioned and in a hospital and ”on the road to recovery”. So I’ll ask her mental health worker about capacity but I reckon I will be told it is confidential. So really I can not make an agreement over assets without her mental health carers giving the OK.
Interestingly, the only concern raised by them is about contact with our children. But I have that in hand.