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Divorce and Money

6 replies

GiraffeMomma · 05/07/2020 17:58

Me and my husband aren't getting along. We haven't been for a while. I'm due to come into some money from a payout from a personal injury case, if we divorce after I receive the money is he entitled to half? He has already said that he has been focusing on paying off his debts and not saving any money for a house deposit (I had no idea until he told me) as he knows I am due this money.

Any advice gratefully received.

OP posts:
GiraffeMomma · 05/07/2020 21:29

Bump..... anyone? Please?!

OP posts:
GiraffeMomma · 05/07/2020 21:29

Bump..... anyone? Please?!

OP posts:
MidnightCitrus · 05/07/2020 21:31

no idea, i am not a lawyer, google says the following

The court has provided the following guidance as to the treatment of personal injury awards in divorce cases:

The starting point for division of assets will be equality. The issue of need will be particularly important in a case involving personal injury and will frequently justify departure from equality.
Personal injury compensation awards will not automatically be excluded from that party’s assets upon divorce.
The nature and the complexity of the injuries sustained by an individual will be a relevant consideration.
The court will consider the circumstances in which any personal injury damages were received together with the size of the award as this will affect how a damages award may be shared with the other spouse.
The needs of any children of the family will usually be treated as paramount, although this must be weighed against the needs of the party with a personal injury.
This area of law is extremely fact specific, so it is important to seek expert legal advice. Our team of divorce and family law solicitors has particular expertise in this complex area of law and can advise you on the right course of action based on your personal circumstances.

www.clarkewillmott.com/news/divorce-personal-injury-compensation/

RedHelenB · 06/07/2020 00:37

As I understand it, any money needed for ongoing or future treatment would be disregarded.

Familylawsolicitor · 06/07/2020 07:59

This reply has been deleted

Message withdrawn at poster's request.

GiraffeMomma · 06/07/2020 10:11

Thank you all for your replies, it's interesting that it is different as it is for personal injury.

Will do all the things suggested, thank you

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