QLD Mental Competency and Legal Separation

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12 October 2019
South Australia
Just prior to and during my legal separation I was admitted to a psychiatric ward and was diagnosed with Acute Depression with Psychosis. I was obviously not well during this time and for the following two years it took for my legal separation to come through (my husband acted for himself, I had a lawyer).

I had multiple stays in the Psyche Ward and was even visited by my Lawyer whilst I was in there. I questioned whether I was in a fit state of mind to be answering his questions or signing anything. No reply or none that I can recall.

I moved to Adelaide on release from another psyche ward stay in Qld to be with family as my husband refused to allow me to go back to the family home and had a short stay in a homeless shelter. Not long after arriving in Adelaide and under the care of a Mental Health Team my separation property settlement papers arrived which I signed believing my Lawyer was acting in my best interests. He said we had only been married for 10 years when we had been living together for 19. He said I was not entitled to his superannuation as it was in New Zealand, yet my husband was working in Australia at the time of our separation and for most of our entire 19 year relationship. He worked in the Oilfield.

I guess I just want to know whether having signed the legal documentation whilst not being of sound mind still makes it legal and binding.