There has been increasing awareness in recent years of ADHD, autism and other forms of neurodivergence. As awareness and diagnosis increase, it is important that family lawyers understand how neurodivergence can affect a person’s experience of divorce and family proceedings.
At Branch Austin McCormick, we recognise that there is no one-size-fits-all approach to divorce. Some clients may process information, communicate, manage emotions or respond to stress differently. Our role is to understand those individual needs and ensure that our advice and communication are clear, accessible and supportive.
How can neurodivergence affect divorce?
Divorce can be stressful for anyone. For a neurodivergent client, some aspects of the process may present additional challenges.
For example, a client may find it difficult to:
- process large amounts of information at once;
- understand lengthy or complicated correspondence;
- manage deadlines, appointments and paperwork;
- cope with changes to routines and family life;
- communicate during highly emotional discussions;
- make decisions when feeling overwhelmed;
- manage sensory sensitivities or heightened stress; or
- interpret indirect communication or uncertainty.
For someone with ADHD, difficulties with executive functioning can make organising documents, responding to correspondence or keeping track of deadlines particularly challenging.
For an autistic client, changes in routine, uncertainty, conflict or unfamiliar environments may create additional anxiety. Communication may also be more comfortable when information is clear, direct and provided in writing.
These are not signs that someone is unable to deal with divorce. They simply mean that the way information and support are provided may need to be adapted.
Neurodivergent children and separation
Neurodivergent children can also find separation and divorce particularly difficult.
Changes to their home, routines, school arrangements and time spent between parents can create uncertainty. A child may respond through anxiety, withdrawal, anger, distress or changes in behaviour.
Parents can often help by providing:
- predictable routines;
- clear and age-appropriate explanations;
- reassurance about what is going to happen;
- consistent arrangements between households where possible; and
- additional time and support to process changes.
It is important to remember that every child is different. A child’s neurodivergence should be considered alongside their individual personality, needs and circumstances.
How we can help
We understand that good family law advice is not simply about knowing the law. It is also about communicating that advice in a way that works for the individual client.
Where appropriate, this may include:
- providing important information in writing;
- breaking complex issues into manageable steps;
- using clear and straightforward language;
- allowing additional time to process information;
- providing breaks during meetings;
- explaining the purpose and likely outcome of each stage of the process;
- helping clients prioritise the most important decisions; and
- working with other professionals involved in supporting the client or their children.
We will always seek to understand what works best for each individual client rather than making assumptions based on a diagnosis.
Neurodivergence and the family courts
The importance of recognising neurodivergence within the family justice system is increasingly recognised.
Sir Andrew McFarlane, President of the Family Division, has highlighted the importance of identifying and accommodating neurodivergence so that parties, witnesses and children can participate fully and effectively in family proceedings.
For family lawyers, this means considering not only what advice we give, but how we give it.
A supportive approach to divorce
If you or your child has ADHD, autism or another form of neurodivergence, you do not need to navigate divorce without appropriate support.
At Branch Austin McCormick, we aim to provide clear, practical and compassionate family law advice while recognising that every client has different communication and support needs.
If you are considering divorce or facing family proceedings and would like a family lawyer who understands the importance of a neurodiversity-informed approach, please contact us to discuss how we can assist at mgp@branchaustinmccormick.com.
