Divorce After a Brain Or Other Serious injury

Suffering a brain injury often carries life changing decisions that need to be made in an effort to adjust with the injury. Depending on the severity, it can have a significant strain on finances, work, family life, and relationships. It is unfortunate and not uncommon for a brain or any other serious injury to result in a relationship breakdown that leads to divorce.

A brain injury can also cause personality changes including depression, mood swings, irritability and also lack of concentration. Such changes can result in feeling that you are you to stranger; causing emotional strain on the marriage.

Divorce is an emotional process and is understandably a tough process for couples where one party has suffered a brain or other serious injury. It is vital that you have the right team who are knowledgeable and compassionate about safeguarding your interest and future needs.

Effects of brain injury after a divorce

Brain injury can have a large effect on your home life.  You may be struggling to come to terms with a brain injury and the extra responsibilities involved.  You may also be facing financial hardship as a result of unemployment.

What affect will my divorce after a brain injury have on my children?

Central to finalising a divorce after a brain injury, are ensuring adequate child arrangements are in place both during and after the process has been completed.

Children may feel that they have lost a parent as the brain injury may result in a personality change. It can difficult trying to come to terms with a parent suffering from a brain or any other serious injury.

The added pressure of parents separating can have a substantial impact on the children.

Every divorce will have an impact on the children involved. At first there initial reaction is of shock, sadness, worry and anger. In the long run it can effect there emotional behaviour which could become problematic unless some structure is put into place.

The most important thing that both parents can do to help the children through this unsettling time is to communicate to them on a level that they understand. Keep any heated discussions, conflicts or blaming away from the children, instead vent off to a friend or a counsellor. Each parent should continue to play a major role in the children’s life, in example if the father used to take them to swimming classes this should continue upon divorce.

Advice on divorce after a brain injury

It important to obtain advice on the following:

  • Have you been awarded personal injury compensation? If yes, we can assess whether the compensation has been properly placed out of arms reach; within a trust
  • Will my personal injury compensation be considered as part of your divorce settlement? Based on assessing your circumstances, level of compensation as well how it has been retained, we can provide appropriate advice on this to you.
  • Are children and maintenance payments part of the divorce settlement?
  • How child arrangements will be managed and with whom the children will live with after divorce
  • Has your property been adapted to meet your needs? If so to what extent and assessing viability of you keeping your home as part of your divorce settlement

What grounds can a divorce be pursued following a brain injury or other serious injury

A divorce can be filed if there has been an ‘irretrievable breakdown of the marriage’ and one of the following five grounds are met:

  • Unreasonable behaviour
  • Adultery
  • Separation by 2 year consent
  • Separation by 5 years
  • Desertion

Arrange a consultation with our Divorce Solicitors & Family Lawyers

We understand that life after a divorce with a brain or any serious injury can be a further battle to adapt to; which is why our divorce solicitors work with you to truly understand your needs.

It is important that you obtain the best possible advice from the onset to ensure that you are able to evaluate your options. Our family lawyers aim to understand your needs so they can carefully safeguard your interest to ensure the best possible outcome for you.

Speak to our specialist divorce solicitors today on 0330 053 7117 or request a call back to arrange your consultation today.

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