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’s 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 feel like a complicated and emotional process. If you’ve a substantial personal injury award to pay for your specific future care needs, then it’s particularly important to get specialist advice and representation.

At this time, you’ll want to know that you’ve the right team behind you to secure a suitable divorce settlement that's fair for you, and your ex-partner.

Who can Irwin Mitchell help with a divorce after a brain injury or serious injury?

We can help you if you or your partner has a brain or serious injury and wish to get divorced. We understand what you've been through to get to this stage, and what'll be needed to reach the best possible outcome.

We can help you with issues such as:

  • Protecting your personal injury compensation - this isn’t automatically ringfenced within any divorce settlement so early and expert advice is key
  • Meeting care requirements after your divorce - if your ex-partner helped to care for you previously
  • Agreeing maintenance payments or care for your children
  • Helping you to see your children after separation and to determine arrangements for their care
  • Obtaining protective measures such as injunctions and / or defending you from untrue allegations.

Why choose Irwin Mitchell to help with your divorce after a brain injury or serious injury?

Our family law team is recognised by independent legal guides, The Legal 500 and Chambers and Partners.

We’ve decades of experience helping couples divorce after one has sustained a brain or serious injury. Our expert solicitors understand how emotional this can be and will work with compassion and at a pace you’re comfortable with.

To support you during this time, we offer all our family clients four free counselling sessions with our in-house counsellor, Vicky Lambert. During such an emotional time, having the support of a trained professional can help. You also have the option of paying for further sessions if you feel you need them.

We work with various charities that can offer both you and your ex-partner after a brain or serious injury. These include:

  • Headway
  • Royal London Hospital
  • The Brain Charity
  • Day One.

You’ll also have access to our various other legal and support teams within the company. We want to make sure you're best prepared to move forward with your life. We’ve teams that can help with the following:

  • Wills – if you wish to change your Will based on your new circumstances. We can also help with writing a new Will.
  • Court of Protection – if you or your ex-partner lacks mental capacity to make decisions, our Court of Protection team can help
  • Support and Rehabilitation – our Support and Rehabilitation Co-ordinators are there to help you understand what support is available.

This list isn’t exhaustive, if you need help with something else after your divorce, speak to your solicitor, and they can help find the right team for you.

We’ve offices around the UK, which means whenever you need to meet any of our teams, you can do it at a location near you. We can also arrange phone or video calls, or we can meet you at an appropriate location if this works better for you.

Mediation

During this time, it can be hard to discuss what you and your ex-partner want to do, especially if you’ve received life-changing news. Mediation offers a safe space to share your thoughts with your partner or family members, without being judged.

Many of our clients find this useful because it’s non-confrontational, often cost-effective, and is mediated by a non-biased third party.

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Clare Wiseman
Clare Wiseman Head of Family Law Meet the team

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Divorce After A Brain Injury - More Information

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Frequently Asked Questions

What will happen to my personal injury compensation award?

Personal injury compensation is regarded as a financial asset, and 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.

It’s very important to approach this balancing exercise with expert guidance. 

What if I lack mental capacity?

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

You may have had a litigation friend before you made your personal injury claim. This person could be a:

  • Parent
  • Guardian
  • Family member
  • Friend
  • Solicitor or professional advocate.

Where you’ve a Court of Protection-appointed deputy, they can work alongside your litigation friend and support in any family proceedings. 

Will I be able to see my children after separation?

The law recognises that in most cases it’s in a child’s best interests to have a relationship with and to see both of their parents. 

Sometimes a parent who has suffered a brain or other serious injury is prevented by their ex-partner from seeing their children. In those situations, it is possible to ask the court to intervene, urgently in some cases.

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We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

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The team's breadth of family knowledge and expertise is matched by the resources to deliver a quality service in a timely manner"
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