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Divorce After A Brain Or Other Serious Injury

Irwin Mitchell’s "very knowledgeable and compassionate" team "provides fantastic advice"

Legal 500, 2016

Irwin Mitchell’s "very knowledgeable and compassionate" team "provides fantastic advice"

Legal 500, 2016

Brain injuries can have a big impact on your life, including your relationships. Brain injury charity Headway suggests that anywhere between 20% and 50% of marriages end in divorce following a severe head injury.

It is not uncommon for marriages to break down following a brain or other serious injury, due to the huge amount of strain that these incidents can place on the individual and their family. 

Divorce can be a complicated and emotional process. But if you have a substantial personal injury award to pay for your specific future care needs, then it can be especially difficult. At this time, you will want to know that you have the right team behind you to secure a suitable divorce settlement that's fair for you, and your ex-partner.

Our experience as one of the UK's leading law firms in both family law and personal injury claims means we're uniquely placed to represent you in a divorce following a serious injury. We understand what you've been through to get to this stage, and what will be required to reach the best possible outcome for you.

We can help you with issues such as:

  • Protecting your personal injury compensation - this might be considered part of the divorce settlement
  • Meeting care requirements after your divorce - if your ex-partner helped to care for you previously
  • Agreeing maintenance payments or care for your children
  • Whether you will need assistance or supervision when you see your children
  • Helping you to claim further compensation following divorce - this might be possible in certain cases
  • Protecting your property rights for a home that's been adapted to your needs

There are a range of options we can look at to keep your divorce out of court, which typically can mean it is agreed more quickly and cheaply. We'll guide you through your options, delivering a compassionate service that keeps you informed every step of the way.

If you'd like to speak to us about the personal injury divorce services we offer, please call us on 0345 604 4911, or contact us online and we'll get back to you as soon as possible.


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  • Ros Bever
  • National Head of Family Law
Meet the team
Martin Loxley
Martin Loxley Sheffield

"Absolutely fantastic", "nationally known, pragmatic, and a hard negotiator."

Legal 500, 2016
Divorce After A Brain Injury - More Information
    • What Are The Grounds For Divorce?
    • There is only one ground for divorce: an 'irretrievable breakdown of the marriage'. This is proved by any one of five facts:

      1. Unreasonable behaviour – Conduct by you or your partner deemed sufficient to cause the irretrievable breakdown of your marriage
      2. Adultery – Defined as voluntary sexual intercourse between a married person and a person who is not their spouse
      3. Living apart for two years (and both partners agree to the divorce)
      4. Living apart for five years
      5. Desertion for at least two years – Desertion takes place when one partner leaves the other without their knowledge or agreement.

      Usually, the grounds for divorce and the guilt of either party won't have an impact on your financial settlement or the arrangements made for you children, but this is decided on a case-by-case basis.

    • How Much Does It Cost?
    • Every case is different and much depends on how complex your situation is.

      We offer an initial consultation where we discuss your personal circumstances and share advice on how best to proceed. After this, we usually send you a note with everything we discussed and an idea of how much we expect your case to cost.

      If we are unable to do so at that point, we will tell you what steps need to be taken to give us a clearer picture.

      We will tailor our approach to suit your budget as much as possible, and we are always upfront and transparent about the costs you may be facing. We never undertake work you haven't asked for and always work hard to get you the best possible result.

      For more information about our services, or to talk to one of our family law experts about your situation, call us on 0345 604 4911 or contact us online and we'll get back to you as soon as possible.

    • How Is The Financial Settlement Calculated?
    • When deciding a financial settlement in a divorce, a number of factors will be taken into account, including:

      • Your and your partner's assets and finances, and your needs now and in the future
      • Each of your earnings and earning capacity
      • Whether there is any foreseeable change in your or your partner's finances
      • Whether you have children, and if so, their ages and needs
      • The age of you and your partner
      • Your and your partner's health, and whether this has an effect on your ability to earn
      • The length of your marriage - including any time spent living together before you got married

      As every case is different, it's important to get expert advice as soon as possible. We have dealt with many complex financial settlements over decades as one of the UK's leading family law teams, including many cases of high-net-worth individuals and significant international assets. To get this expertise on your side, call us today on 0345 604 4911, or alternatively you can contact us online and we'll get back to you as soon as possible.

    • Will I Have To Go To Court?
    • You may have to go to court if you can’t come to an agreement with your partner about your children or financial matters. In most cases you must at least try and reach an agreement, before taking the case to court.

      We can help you and your partner try to reach this agreement, if necessary with the use of our trained mediators, who can help you and your partner discuss your situation in a transparent and constructive way. We can also provide you with access to family therapists and counselling services for extra support.

      Out-of-court agreements are typically cheaper and quicker than going to court, which can make them less stressful for all involved - an important consideration particularly where children are concerned.

      If none of the out-of-court processes work, we will ensure you have the best legal representation in court. Our solicitors will be open and honest about the likely outcome, and will fight to protect your best interests. We will ensure you are well prepared for any appearances, and will be at your side throughout.

      As one of the UK's leading family law firms, our solicitors have dealt with many different types of cases, so no matter how complicated your situation is, we can offer you clear advice that comes from years of experience.

      For advice or a consultation on your case, call us 0345 604 4911 or contact us online and we'll get back to you as soon as possible.

Frequently Asked Questions

What Will Happen To My Personal Injury Compensation Award?

Personal injury compensation is regarded as a financial asset, and so can potentially be divided between spouses like any other asset during divorce.

However, any financial settlement should also consider the specific needs you and your ex-partner have when deciding the settlement. In the case of a serious injury, your financial needs may be quite high compared to your ex-partner's.

Following your divorce settlement it may be possible to claim further compensation, in consideration of your divorce. However, this isn't always the case and will depend on your individual circumstances. Our specialist lawyers can advise you on whether you could be able to claim more compensation.

Please call our experienced team on 0345 604 4911 for any advice on protecting personal injury compensation during divorce, or contact us online and we'll get back to you as soon as possible.

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What If I Lack Mental Capacity?

If you lack the mental capacity to represent yourself in any court proceedings or divorce negotiations, you will need a 'litigation friend' to represent you.

You may have had a litigation friend before, when you made your personal injury claim, and this person could be a parent, guardian, family member, friend, solicitor or professional advocate.

Where you have a Court of Protection-appointed deputy, they can sometimes provide instructions to deal with your case on your behalf.

If you have any questions about divorce and mental capacity issues, please call us on 0345 604 4911, or contact us online and we'll get back to you as soon as possible.

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Will I Need Supervision When I See My Children (In The Case Of Brain Injury)?

This will depend on your circumstances.

If you're not capable of providing a safe level of care for your children without a supervisor being present, then you may need assistance from another person, such as a family member or friend. We can guide you through this process.

If you've suffered a brain or other serious injury and are going through a divorce, it makes sense to talk to the experts. If you want to know more about our services, please call one of our team today on 0345 604 4911, or contact us online, for an initial consultation on your case.

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I live in Scotland, can Irwin Mitchell help me?

Our expert family law team works with a number of trusted partners to help our clients with family law issues in Scotland.

We’ll be your point of contact and manage the entire process for you throughout. You’ll get frequent progress updates and we’ll break down any legal jargon into plain English so you’re always in the loop.

To find out more about how we can help, give us a call on 0345 604 4911 or contact us online.

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