• About Us
  • Quick Contact Form
  • Brain Injury Training Webinars
  • Training Events
Brain Injury Group logo
Brain Injury Group logo
Brain Injury Group logo

Call our FREE helpline 0800 612 9660 or 0330 311 2541

We are a network of specialist brain injury solicitors and other professional services, providing a complete package of support for brain injured people and their families

  • Home
  • About brain injury
    • Types of brain injury
    • Child brain injury
    • Education following a brain injury
    • Mental capacity following brain injury
    • Rehabilitation following brain injury
    • Useful brain injury glossaries
  • How we can help
    • Brain Injury Claims
    • Clinical negligence
    • Assault – Criminal Injuries Compensation Scheme
    • Continuing Healthcare Funding
    • Court of Protection
    • Special Educational Needs (SEN)
    • Emotional support
    • Employment law
    • Family law
    • Financial advice
    • Welfare benefits
  • Find a Solicitor
    • Brain Injury solicitors
    • Find a Court of Protection specialist
    • Education solicitors
    • Employment law solicitors
    • Other legal services
  • Contact Us
    • Quick Contact Form
    • Need Legal Assistance?
    • Want Welfare Benefits Advice
  • Services A-Z
    • Personal legal services
    • Brain injury expert reports
    • Case managers
    • Care in the home
    • Residential rehabilitation & care
    • Charities & support groups
    • Therapies
    • Business services
    • Holidays, travel & leisure
    • Work & education
  • Latest News
  • For Professionals
    • Associate members
    • Brain injury training for professionals
    • Upcoming Brain Injury Group training events
    • Recorded Brain injury training webinars
    • Other member services
    • Join the Group
    • Events Calendar
    • Road Safety Week
  • Brain Injury Claims
  • Clinical Negligence
  • Assault – Criminal Injuries Compensation Scheme
  • Continuing Healthcare Funding
  • Court of Protection
  • Special Educational Needs (SEN) advice
  • Emotional support
  • Employment law
  • Family law
  • Financial advice
  • Welfare benefits

Home > How we can help > Family law – How we can help

Family law – How we can help

Useful pages

  • Giving families affected by Cerebral Palsy all the support they need
  • Can a Deputy make family care payments?
  • Emotional support – How we can help
  • Charity spotlight on Brain Injury is BIG

Many people who have suffered a brain injury will experience changes in their existing and future relationships – brain injury impacts all aspects of your life – not only may the emotional, behavioural, physical and cognitive effects of your brain injury have an impact, but worries around your finances, the future and the impact of bringing a claim for damages could also affect your relationship with your spouse, partner or children. Whilst some relationships may strengthen, others become more strained over time or break down entirely.

In the event that your relationship has broken down, it is important to seek advice from a family law solicitor who has an understanding of brain injury and the special considerations that may apply.

Children

The law in England and Wales confirms a child’s right to see and know his or her parents and a Court will only prevent this in very limited circumstances, such as where a child has suffered harm or is likely to suffer harm whilst in the care of that parent.

Your injuries may mean that it is difficult for you to travel to see your children or care for them when they are with you. Consideration should be given as to whether someone could assist you with practical support, if your relationship with your former partner remains amicable, would they be willing to bring your children to see you, perhaps stay with you during these visits to provide practical help with caring for your children, or do you have a friend or relative who could assist in this way? If there is no-one within your own family or friendship community, there are paid services which could assist in this way, or seek help from your case manager or social worker.

Costs associated with helping to allow you time with your children, which you would not have incurred but for your brain injury, may be recoverable as part of any claim for negligence or damages which you bring. Be sure to alert your claims solicitor of any such costs and to keep receipts and records of expenditure and assistance given.

If your former partner is preventing you from seeing your children or acting in a way which you consider to be unreasonable and not in the children’s best interests, you may wish to seek legal advice to see whether it would be appropriate to make a formal application to the Court as to what the arrangements should be with regard to time with your children. If your child is over 11 and has indicated that they do not wish to see you, child inclusive counselling and support may help your child to come to terms with the changes to family life since your injury and their relationship with you, to help rebuild your interaction with your child.

A lack of mental capacity following brain injury should not affect your relationship with your children, and

Personal injury compensation awards

If you have received, or are likely to receive, compensation following your brain injury, you may wish to protect this, especially if these monies are needed to fund your future care or housing needs. It is sensible to take legal advice as to whether a cohabitation or pre-nuptial agreement is appropriate when entering into a new serious relationship where you plan to marry or live together. You may also wish to consider a post nuptial agreement or cohabitation agreement for an existing relationship, even if all seems fine, as this can help protect your compensation monies for you and your future needs, should the relationship break down in the future. Nuptial agreements are not automatically binding in English law on divorce, but are now regularly being upheld in Court in whole or in part, if they have been properly drafted and entered into and also provide for the financial needs of any spouse and dependent children.

In the event of a divorce, the law in England and Wales does not automatically ringfence damages received as part of a claim for brain injury. The court must take these funds into account as part of the resources available when looking at the overall outcome on divorce in providing for yourself, your former partner and any children. The needs of dependent children will be paramount, but your spouse does not have an automatic entitlement to 50% of your settlement monies. This is a complicated area and it is important when settling a claim following brain injury that the purpose for which money was awarded is clearly set out. A Court is more likely to require a sharing of certain parts of your settlement money than others, for example the portion of your settlement which is awarded for pain, loss and suffering is more likely to be liable to be allocated in part to your spouse on divorce, whereas monies allocated for future care costs and housing adaptations is less likely to be shared as they are awarded to meet your specific current and future health needs.

Similarly, money allocated to purchase a house which is adapted to your specific needs may also be less liable to sharing. However there are exceptions: If you ‘overspend’ on your adapted housing costs, perhaps buying a six bedroom mansion with land when a three bedroom property would meet your needs, the courts have in the past and will potentially say that this property will need to be sold and the adaptions moved to a smaller cheaper property, if that is the only way that the financial needs of your spouse and any relevant dependent children can be met. The same will apply to the family home which you already live in which may have been adapted following your injuries to meet your needs if the family home exceeds your reasonable housing need.

Legal fees

If you do not have any income or savings, you may be eligible for a legal fees funding loan or public funding (formally known as legal aid). Not all family law solicitors are able to offer public funding, so you should discuss this with your lawyer at the outset and if they are unable to offer public funding, they will be able to signpost you to a local firm who can. However public funding is only available in very limited circumstances.

If your marriage breakdown is as a direct result of your brain injury and you are bringing a claim for damages against a third party, it may be possible to include the cost of a divorce or action concerning your children as part of your claim – you should speak to the solicitor dealing with your claim about this.

Mental capacity and divorce

If you lack mental capacity following your brain injury, it is still possible for proceedings to be brought on your behalf or for you to be represented if your former partner brings proceedings. Your family law solicitor can signpost you as to who might assist you alongside themselves.

Need free help or advice?

We can help you

  • Request a visit Home/Hospital/Office
  • Request a Free call back We can call you back
  • Ask a question We provide help & support

Would you like a visit from a Solicitor/Professional?

  1. Your name (*required)
  2. Location (*required)
  3. Your tel number (*required)
  1. What is the best time to call
  2. We will call at your convenience to arrange a suitable time and location for the visit
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Need help/advice? Request a call back

  1. Your name (*required)
  2. Your tel number (*required)
  3. Best time to call
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Would you like to ask us a question?

  1. Your name (*required)
  2. Your tel number
  3. Your email address (*required)
  1. Telephone and email enquiries will be assessed and allocated to an appropriate member firm that may need to contact you for more information in order to offer advice. By ticking the box below and submitting your enquiry, you are agreeing to being contacted, but you are under no obligation to act on any advice offered, or to instruct the firm that responds to your enquiry if you do decide to take action.

    Your privacy is important to us and we treat all personal information with respect. No personal details are held in this website; we record contact details only for the purposes of forwarding that information to a member firm that can assist with your enquiry.
close without sending

Latest news from The Brain Injury Group

A child playing in a high-chair illustrating the case study of Child F and non-accidental criminal injuries

Criminal injuries compensation claim for non-accidental injury – Child F case study

We were instructed to act on behalf of child F, through his carers and Special Guardians. Child F had sustained a severe traumatic brain injury as a result of non-accidental injuries caused by his natural…
Read More

Help after an assault – Jim’s story

Jim (names have been changed to protect identity) was the victim of an unprovoked assault. He was punched, causing him to fall backwards and hit his head on a hard object. He sustained a traumatic…
Read More

A question of capacity – what happens if someone regains mental capacity?

In this article, Elizabeth Metcalfe from Brain Injury Group member and specialist Court of Protection & Deputyship services law firm Hyphen Law, outlines what happens when someone regains the mental capacity needed to manage their…
Read More

Find a Service

A-Z listings by category

From expert legal advice to holidays, home insurance, therapies and aids, the BIG Directory will help you find the services you need.

Upcoming Events

View all events

  1. Webinar: Finding the right brain injury case manager: More than clinical experience

    Tuesday, 21st June @ 12:00 pm - 1:00 pm
  2. Brain Injury Rehabilitation – Supporting your client to achieve best outcomes – Milton Keynes – 28th June 2022

    Tuesday, 28th June @ 9:00 am - 5:00 pm
  3. Webinar: Vocational Rehabilitation and ABI: Knowing when the time is right

    Tuesday, 13th September @ 12:00 pm - 1:00 pm
  4. Webinar: Does the client lack capacity?

    Tuesday, 27th September @ 12:00 pm - 1:00 pm

View All Events

Choosing the right legal adviser

Find out more

A brain injury can change a person’s life significantly – and that of their family. Many injuries are unfortunately the responsibility of a third party, in which case there may be the potential to make a claim for compensation. A successful claim could go a long way towards supporting a rehabilitation programme, or providing long term care, or simply easing the financial burden caused by changed circumstances.

If you think you have a claim, speak to several lawyers and ask lots of questions before you instruct anyone; you need to find someone you can relate to. When you speak to any one of our network members, you can be confident that they have a track record of handling brain injury cases and appreciate all the complexities.

Brain Injury Group
Brain Injury Group @braininjurygrp
3 hours ago
The BIG Brain Injury Services Directory has the answers for people affected by brain injury, providing a comprehensive A-Z listing of services and support for people with a brain injury, their families, and people who work with them.
https://t.co/CEUgOanlZp
View on Twitter
0
1
Brain Injury Group
Brain Injury Group @braininjurygrp
1 day ago
If you are considering putting a power of attorney in place, or have a relative who lacks capacity due to illness or accident, join us on 23 June at 12 noon for our session on powers of attorney and best interest decisions with @freeths

Sign up now https://t.co/ZREnq9u6Ep https://t.co/Y7D03yihA8
View on Twitter
1
2
Brain Injury Group
Brain Injury Group @braininjurygrp
1 day ago
We've just added another new webinar to our programme 5/7 at 12 noon - Putting the 'fundamental' into fundamental dishonesty. Sign up now to join us and @No5Chambers. https://t.co/w2BqWAT8Jy - free for members, fee applies to non members. APIL accreditation applied for. https://t.co/pQ8r3uCiM3
View on Twitter
0
0
Brain Injury Group
Brain Injury Group @braininjurygrp
1 day ago
If there is one way to brighten our Monday morning, its to receive a batch of branded goodies! Thank you @PremexGroup for your support professionally, and personally. https://t.co/nRbuQvQXI0
View on Twitter
0
0
Brain Injury Group
Brain Injury Group @braininjurygrp
1 day ago
How the Brain Handles Modern Life | Psychology Today https://t.co/KBuohayOwb
View on Twitter
2
3
Brain Injury Group
Brain Injury Group @braininjurygrp
4 days ago
After a brain injury, help and support may be needed from others to manage your day to day needs - a package of care may be needed or you may need to live in a specialist setting. We can help you navigate continuing healthcare funding. https://t.co/PK1xVd625w
View on Twitter
1
0
Brain Injury Group logo
Facebook logo Linkedin logo Twitter logo

Newsletter Sign up

  1. Sign up to a Brain Injury Group brain injury newsletter

Marketing & Website Development by Limare website development and marketing

  • Terms & Conditions
  • Cookies Policy
  • Privacy Policy
  • Sitemap

© 2022 Brain Injury Group is the trading style of The BIG Network Limited.

The BIG Network Limited is not regulated by the Solicitors Regulation Authority.


Registered in England & Wales. Registration Number: 06977925.
Registered Office: 106 Kennedy Building, Murray Street, Manchester M4 6HS Tel: 0800 612 9660

We use cookies to improve your experience on the website. We do not use cookies for advertising purposes.
We will assume you're ok with this and this bar will disappear shortly. Read More
Privacy & Cookies Policy

Necessary Always Enabled