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 0370 1500 100 , or contact us online and we'll get back to you as soon as possible.

Mediation Support Service – 30-Minute Consultation

Family mediation can be a less confrontational and more cost-effective way to resolve a dispute. We offer a 30-minute consultation with one of our solicitors to discuss your situation and if mediation is right for you.

If you decide to go ahead with mediation, you can benefit from our cost effective mediation support service. This service will give you the advice, support and tools to get the best possible outcome – particularly if you’re representing yourself.

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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 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 0370 1500 100 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.

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 0370 1500 100 , or contact us online and we'll get back to you as soon as possible.

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 0370 1500 100, or contact us online, for an initial consultation on your case.

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 0370 1500 100 or contact us online.

Awards & Accreditations

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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A Quality Service
The team's breadth of family knowledge and expertise is matched by the resources to deliver a quality service in a timely manner"
A High Level Of Service
They are efficient, professional and have a very good reputation"

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Dealing with your company was a…

Dealing with your company was a pleasure. I found everyone very friendly and professional, you took the time to make sure everything was explained and that I understood exactly what was going on. Also dealing with your company you provided me with the emotional support I also needed.

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The legal firm I chose to handle my…

The legal firm I chose to handle my claim was very professional, even though it took a while to settle. Will use again.

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After dealing with nuisance neighbours for years, we found that we were insured for the issues they were causing. We called Arc, our insurer, they were fab they talked us through the process, advised us of what we were insured for and informing us that they would be passing us to Irwin Mitchell. ...

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Kids in the middle

Proud to support Kids in the Middle


Kids in the Middle is a charity which aims to help children whose parents are going through, or have gone through a divorce.

As a lead partner of the charity, we’re making sure that the views of children are heard when decisions are being made which concern their welfare.


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