Divorce + RTA Compensation - intertwined but should they be?

[BlowOnMySackbutt]

As per the thread title really. My divorce has now been ongoing for almost 3 years and we've only just exchanged the financial statements. Got the nici in early 2013. My solicitor says that as we don't yet know how much compensation I'll get for the (serious and life-changing) accident we can't proceed quicker with the divorce. I don't understand why the two issues are so interdependent. Has anyone got any ideas?

Well, the compensation is an asset to be potentially divided on divorce. Some will be to meet your physical needs, but other compensation will be for loss of earnings or pain and suffering.

Thank you. I suppose that means that the divorce can't be finalised until I get the compensation then . I wish the solicitor had told me that when I started proceedings; she told me 6 to 8 months.

I would be amazed if the money for pain, suffering and loss of amenity would go in the pot to be honest, unless ex wants to endure half of your pain and suffering! Might be different if you are anticipating loss of earnings for a period you were together? Is the divorce amicable? Would ex dp agree to leave it out of the equation? Not exactly the same but my dbro, who was married to an American was told his divorce would take longer because his mother in laws estate hadn't been finalised. He signed to say he had no interest in any part of mil's cash and it should be ring fenced and it went through smoothly.

Yes, it's all very amicable and grown up but is likely to get less so the longer this divorce goes on.

Stbxh inherited a very large sum after we'd split so he's not in need of any of my money and what he inherited will be much more than I'll potentially get. None of the loss of earnings, pension etc is for any period we were together.
I'll try and see what the solicitor can do to push it through.
Thank you.

It's a question of balancing needs. I'll try and illustrate.

H&W aged 65. Just retired.

House mortgage free £200k. Each have equal income of £20k p.a..

No other assets save one of them has £200k compensation - £150k for loss of earnings and £50k P&S. They can't reasonably be housed in a cheaper property.

In that case I'm sure the court would divide everything equally.

Thank you both.

collaborate I see your point but our situation is that H is in own home, no mortgage, earning a good salary and has 200+k in savings Plus further assets. W is in rented accommodation, bringing up the children and on benefits with no assets as they've all been spent in order to bring up the children.

babybarrister thank you. It's clear now why the divorce has taken so long. I can't see any point in having started proceedings now; we might as well have waited. It's going to be quite a while until the litigation case is finished as I'm still having treatment and rehab.

I don't think he's asked for anything. He hasn't got a solicitor of his own and is rather relying on me paying mine for all of the legal work.
I'm not trying to get more from him than is fair, nor do I want him to be left struggling, but we have two youngish children who I'm struggling to bring up whilst not beige able to work and being disabled, isn't it normal for there to be some sort if settlement in these cases?

Beige?!? * being

In that case your lawyers are just spinning it out to make more money perhaps? In many divorces like ours we just reached a settlement. You might know roughly that the compensation will be and he with the inheritance or you could both agree to keep those. The legal surely is that neither of you have that money yet. Eg if I had a child who divorced now I probably won't die for 30 = 40 years. Yes they might inherit something but may be like my father I would need all the money for my day and night dementia care at home or I choose to give it to the cat';s home so it's not a current asset. I suppose if the person has has died already so he is just waiting until the estate distributes that is different and ditto with your compensation. Has a judge said you are entitled to it? If not how can it be an asset and how can anyone say you will definitely get any money from it?

Sometimes the liability is so obvious that it's certain there's going to be compensation. A P.I. specialist will be able to give lower and higher ranges of likely compensation. Within those boundaries it's going to be speculative.

It's that speculation that makes an early settlement sometimes undesirable.

Ah, wish my area of law were like that. No case is ever a certainty in mine!

Good morning!
My PI solicitors haven't given any speculative sums for the compensation although, in fairness, I haven't asked. Things have been a bit slower than we could all have imagined as one particular injury has been especially problematic and now I'm awaiting even more surgery. The lifelong prognosis of that one is now pretty poor.
My stbxh inherited 2 and a half years ago so it's not a case of waiting for anything there. He's got lifelong security in regard to homeownership and a large nestegg whilst his children and I have nothing (not that I begrudge him that btw, I'm glad for him, it's just that there is enough to have given both of us that and from a parenting point of view it would seem that two settled households would be better for the offspring).

Isn't law complicated!

Well, if the main uncertainty is linked to the compensation you need for future needs I would say you might as well negotiate now. The pain and suffering and loss of amenity awards are going to be pretty well certain.

Is liability in dispute?

No, no dispute about liability.
I think you're right about about the uncertainty lying with future needs. I'll try and have a meeting with my divorce solicitor this week.
Thank you for your help

Just to add, I would expect a divorce court to ring fence the award that relates to your future needs.

Ah, then I wonder if that's why there's a go-slow on the divorce. Isn't part of a divorce settlement in a case like mine, where one party has become disabled etc, concerned with future needs too? There would be a bit of doubling up? I think my divorce solicitor mentioned something about that a couple of years ago.